Legal Opinion
Smith v. Jones
Supreme Court of Georgia
Decided September 24, 1912PublishedCited by 12 opinions
Action for damages. Before Judge Felton. Bibb superior court. March 2, 1911.
1Opinion of the CourtAtkinson, J.
At common law a cause of action for a personal tort abated on the death of the tort-feasor. This rule was modified by statute (Civil Code, § 4421), so that it should not apply in case of the death of the defendant. The phraseology of that section leaves it plain that the exception was limited to cases where action had been instituted against the tort-feasor before his death. If the tort-feasor died before *717suit against him, the cause of action did not survive. See Frazier v. Georgia R. Co., 101 Ga. 77 (28 S. E. 662); Southern Bell Tel. Co. v. Gassin, 111 Ga. 581 (36 S. E. 881, 50 L. R. A.…
2Cases cited4 opinions
- Southern Bell Telephone & Telegraph Co. v. CassinSupreme Court of Georgia · 1900
- Frazier v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1897
- King v. Southern Railway Co.Supreme Court of Georgia · 1906
- Peebles v. Charleston & Western Carolina Railway Co.Court of Appeals of Georgia · 1910
3Cited by12 opinions
- Thompson v. WatsonSupreme Court of Georgia · 1938
- Alexander v. DeanSupreme Court of Georgia · 1924
- Davis v. Atlanta Gas Light Co.Court of Appeals of Georgia · 1950
- Nalley v. LangdaleCourt of Appeals of Georgia · 2012
- Citizens & Southern National Bank v. HendricksSupreme Court of Georgia · 1933
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