Vandiver v. Manning , 215 Ga. 874 ( 1960 )

Mobley, Justice,

dissenting. The plaintiff, an Adult Probation Officer of Fulton County, is not a peace officer within the meaning of that term as used in the act (Ga. L. 1950, pp. 50-58; Ga. L. 1951, pp. 472-475; Ga. L. 1956, p. 280-292; Ga. L. 1958, pp. 341-351) creating the Peace Officers’ Annuity & Benefit Fund. There is no distinction between this case and that of Vandiver v. Endicott, 215 Ga. 250 (109 S. E. 2d 775), in which, in a unanimous opinion of this court, it was held that a fire marshal of the city of Atlanta, whose duties consisted primarily of “detecting fire hazards and in eliminating them, in enforcing the laws and ordinances relating to fire prevention and fire, safety, and in making arrests and prosecuting those.suspected of arson and the violation of other laws and ordinances relating to fire protection, fire prevention, fire safety, fire fighting, etc.,” was not a peace officer within the meaning of the act creating the fund. In my opinion, this case is controlled by the full-bench decision in Vandiver v. Endicott, 215 Ga. 250, supra.