Atlantic, Valdosta & Western Railroad v. McDilda
Supreme Court of Georgia
Action for damages. Before Judge Parker. Clinch superior court. May 29, 1905. Mrs. L. J. McDilda brought suit against the railroad company for the homicide of her husband. The homicide occurred September 1, 1899, and the suit was filed September 7, 1901. The defendant demurred to the petition, one of the grounds being that it appeared therefrom that the right of action was barred by the statute of limitations. The demurrer was overruled, and the defendant excepted.
1Opinion of the CourtCobb, P. J.
(After Stating the foregoing facts.) The controlling question in this case is, what is the statute of limitations applicable to a suit brought on a cause of action arising from a negligent homicide? There is no statute which in its very terms is applicable to suits of this character. The limitation act of 1856 (Acts 1855-6, p. 233) was evidently intended to be exhaustive of all suits that could be brought in the courts of this State. The title of the act was in the following language: “An act limiting the time in which suits in the courts of law in this State must be brought, and also…
2Cases cited10 opinions
- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
- Southern Bell Telephone & Telegraph Co. v. CassinSupreme Court of Georgia · 1900
- Johnson v. Bradstreet Co.Supreme Court of Georgia · 1891
- Savannah Electric Co. v. BellSupreme Court of Georgia · 1906
- Frazier v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1897
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3Cited by51 opinions
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- Western & Atlantic Railroad v. MichaelSupreme Court of Georgia · 1932
- Clark v. SingerSupreme Court of Georgia · 1983
- Har-Pen Truck Lines, Inc. v. Frederick Allen Mills, IIICourt of Appeals for the Fifth Circuit · 1967
- Shessel v. StroupSupreme Court of Georgia · 1984
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