Rogers v. Hime
Court of Appeals of Georgia
1Opinion of the CourtTownsend, J.
1. Before the personal representative of a deceased person can recover in a suit brought on behalf of the next of kin, for a homicide, it must be alleged and proved that the deceased contributed to the support of the person for whom the suit is brought, and that such person was dependent on the deceased. Both dependency and contribution are prerequisite to recovery. Code, § 105-1309; Clay v. Central Railroad & Banking Co., 84 Ga. 345 (10 S. E. 967); Kent v. Consumers Co., 47 Ga. App. 213 (170 S. E. 202).
2. In order to entitle a brother to recover for the wrongful death of a deceased brother,…
2Cases cited7 opinions
- Fuller v. InmanCourt of Appeals of Georgia · 1912
- Clay v. Central Railroad & Banking Co.Supreme Court of Georgia · 1890
- Wilson v. PollardSupreme Court of Georgia · 1940
- Georgia Railroad & Banking Co. v. SpinksSupreme Court of Georgia · 1900
- Atlantic Coast Line Railroad v. McDonaldSupreme Court of Georgia · 1911
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3Cited by2 opinions
- In Re Estate of PushrukAlaska Supreme Court · 1977
- Montgomery v. Southern Railway Co.Court of Appeals of Georgia · 1948