Georgia Railroad & Banking Co. v. Fitzgerald

1. This was an action brought by a widow to recover damages for the homicide of her husband, an employee of the railroad company, who was killed while making an effort to couple cars. As has been expressly decided, her right to a recovery must necessarily depend upon a determination of the question whether or not “the husband, had he lived, would have had such right; and whatever would have been a good defense to his suit, had he lived, will be equally available against one brought by her.” Berry v. Northeastern Railroad, 72 Ga. 137. In other words, she is to be considered in privity with the…