Georgia General Assembly

“ Loss of consciousness by a driver would not be a complete defense if by the exercise of ordinary care it was foreseeable to the driver that the driver might lose consciousness while driving; even if loss of consciousness was not foreseeable, it would still not be a complete defense if the evidence showed the loss of consciousness occurred, not suddenly, but in a manner that would have allowed a reasonable driver to take some action to avoid the ensuing accident. ”

“ Trial judge is not vested with discretion in matter of taxing costs against convicted defendant. There is no provision of law for the payment of the fees of the officers of the court where the judge in the judge’s discretion fails to tax the costs against the convicted defendant, and it cannot be assumed that it was ever intended that the compensation of these officers should rest in the discretion of the judge. ”

“ Where a statute in permissive terms provides for the performance of some act which justice or the public good requires, its terms will be construed as having an imperative significance, and the performance of the act permissively provided for is made mandatory. ”

“ Construction of insurance policy.—In determining what losses are covered by policies insuring against losses on account of “disease” or “sickness,” the general rule that ambiguous or uncertain provisions will be construed most favorably to the insured is applied. Georgia Int’l Life Ins. Co. v. Harden, 158 Ga. App. 450, 280 S. E. 2d 863 (1981) .
Hernia can result from “sickness” or “disease.”—While a hernia is frequently caused by an accident or an injury, it does not follow that a hernia is never the result of a “sickness” or “disease.” American Life Ins. ”

“ Where a statute in permissive terms authorizes the privation of a valuable right and the imposition of a penalty, the permissive terms are not mandatory, and the conferee of the power has a discretion in exercising it. ”

“ It is well settled that corporation is included in word “person” in the criminal statutes. It is true that the doctrine of holding corporations responsible for the violation of penal laws is one developed by gradual evolution, but it is none the less the law, and it is of healthful necessity and utility. ”

“ The testimony of the eyewitness, when considered together with that of the plaintiff, was sufficient to authorize the jury to find that there was no negligence on the part of the defendant railway which caused the plaintiff’s injuries, and that the event was an “accident” as pled by the defendant; accordingly, the charge of the court on “accident” was adjusted to the pleadings and evidence, and was not error. Warren v. Georgia S. & F. Ry., 77 Ga. App. 886, 50 S. E. 2d 128 (1948) .
Charge on defense of accident in personal injury case in language of section is error. ”

“ This expression excludes all idea of human agency. (4) “Aforesaid” means next before. (4.1) “Agriculture,” “agricultural operations,” or “agricultural or farm products” means raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, or animals ”

“ Standing to attack a statute on constitutional grounds.—A private corporation may attack a state statute on the grounds that it violates due process and equal protection. Caldwell v. Hospital Auth., 248 Ga. 887, 287 S. E. 2d 15 (1982) .
A hospital authority has standing by statute to attack the state law on the grounds that it violates the due process and equal protection clauses of the Georgia Constitution. ”

“ HOA’s removal of homeowners’ sign presented jury question.—In a dispute involving a homeowners’ association’s (HOA) claim of a pedestrian easement access across a subdivision lot to a lake, the term “10′ PEDESTRIAN ESMT” on the plat was void for uncertainty of description. The lot owners’ counterclaims for trespass, theft by taking (for removal of a sign) , interfering with the right of quiet enjoyment, attorney’s fees, and punitive damages presented jury questions; however, their claim for intentional infliction of emotional distress was subject to summary judgment. ”

“ Non-profit corporation without standing in quo warranto proceeding.—Non-profit association with the purpose of focusing on public interest matters of self-defense and gun laws of the State of Georgia was not a “person” which could claim to have an interest in the offices held by the Georgia Code Revision Commission members for purposes of pursuing a writ of quo warranto under O. C. G. A. § 9—6—60. ”

“ App. 418, 172 S. E. 842 (1934) .
“Witness our hand and seal” does not alone make a note a sealed instrument, without the addition of a seal or scroll. Willhelms v. Partoine, 72 Ga. 898 (1884) .
Bond signed by executing party with written scroll.—Where a bond was signed by the party executing it, and opposite the party’s name was an ink scroll with the word “seal” written within it, it was held that it was to be considered a sealed instrument. Williams v. Greer, 12 Ga. 459 (1853) .
Scroll may be adopted by a corporation, either as a common “seal” or as a “seal” for a special purpose. ”

“ Accident insurance: death or injury intentionally inflicted by another as due to accident or accidental means, 49 A. L. R. 3d 673.
Validity and application of provisions governing determination of residency for purpose of fixing fee differential for out-of-state students in public college, 56 A. L. R. 3d 641.
Insurance: term “children” as used in beneficiary clause of life insurance policy as including illegitimate child, 62 A. L. R. 3d 1329.
Workers’ compensation: coverage of employee’s injury or death from exposure to the elements—modern cases, 20 A. L. R. 5th 346. ”