Legal Opinion

Cottingham v. Weekes

Supreme Court of Georgia

Decided January 15, 1876PublishedCited by 3 opinions

Husband and wife. Torts. Homicide. Before Judge James Johnson. Talbot Superior Court. September Term, 1875. Reported in the opinion.

1Opinion of the Court

Jackson, Judge.

Caroline Cottingham, widow of James D. Cottingham, deceased, brought suit against William J. Weekes for the unlawful killing of her husband. The declaration was demurred to on the ground that no right of action existed in case of the homicide of the husband in favor of the wife, except against railroad companies which, by negligence, caused the death of deceased. The single question is, does the right of action exist in all cases. The act of 1850, Cobb’s Digest, page 476, gave to the legal representative of the deceased the right to sue for damages in such cases, and that act…

2Cited by3 opinions

  1. Daly v. StoddardSupreme Court of Georgia · 1880
  2. Steinau v. Moody & BrewsterSupreme Court of Georgia · 1897
  3. Southern Bell Telephone & Telegraph Co. v. CassinSupreme Court of Georgia · 1900

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