Opinion
43173.
ARGUED NOVEMBER 6, 1967.
DECIDED NOVEMBER 21, 1967.
Action for damages. Hall City Court. Before Judge Smith.
Howard B. Oliver, Jr., for appellant.
Whelchel, Dunlap Gignilliat, Weymon Forrester, for appellee.
1. The petition seeking damages from Hall County arising out of the alleged negligent operation of the county's truck by a named driver, does not disclose, either expressly or by necessary implication, the existence of the agency of the driver, nor the connection of his act with the employment; therefore, the court did not err in its judgment sustaining the general demurrer. Code § 105-108; Lewis v. Amorous, 3 Ga. App. 50 (1) ( 59 S.E. 338). Neither does the petition show affirmatively that the action is authorized under the Constitution or statutes of this State. Decatur County v. Townsend, 46 Ga. App. 103 (1) ( 166 S.E. 774). And see Almon v. Terrell County, 89 Ga. App. 403 ( 79 S.E.2d 430).
It is not necessary to pass upon the question whether other reasons appear why the court was correct in sustaining the demurrer.
Judgment affirmed. Hall and Eberhardt, JJ., concur.