Wright v. Smith
Supreme Court of Georgia
Action for damages. Before Judge Gober. Cherokee superior court. March 1, 1905. Smith sued Wright for damages, laid in the sum of $500. The petition alleged, that the defendant was engaged in selling spirituous liquors in violation of the law, and had been selling such liquors to the minor son of the plaintiff, when the plaintiff notified him not to again sell to his son; that subsequently the defendant, notwithstanding such notice, sold to his son, a youth of sixteen…
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Action for damages. Before Judge Gober. Cherokee superior court. March 1, 1905. Smith sued Wright for damages, laid in the sum of $500. The petition alleged, that the defendant was engaged in selling spirituous liquors in violation of the law, and had been selling such liquors to the minor son of the plaintiff, when the plaintiff notified him not to again sell to his son; that subsequently the defendant, notwithstanding such notice, sold to his son, a youth of sixteen years,-a certain quantity of liquor, which his son drank, and which intoxicated him so that he was unable to take care of…
1Opinion of the CourtCobb, P. J.
(After stating the facts.)' “A father, or, if the father be dead, a mother, shall have a right of action against any person who sells or furnishes spirituous liquors to-his or her son under age, for his own use, and without his or her permission.” Civil Code, §3871. The effect of this section of the code is to declare the act to which it refers to be a tort, and to give the parent a right of action therefor. In an action for a tort of this character, as is true in cases of actions for torts generally, the plaintiff may recover both general and special damages. The plaintiff, however, is not…
2Cited by22 opinions
- Sutter v. HutchingsSupreme Court of Georgia · 1985
- City Council v. LamarCourt of Appeals of Georgia · 1927
- Keaton v. Kroger Co.Court of Appeals of Georgia · 1977
- Hall v. BrowningSupreme Court of Georgia · 1943
- Bradley v. GodwinCourt of Appeals of Georgia · 1979
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