Hood v. Southern Railway Co.

The Court of Appeals certified the following question for decision: “Under section 4424 of the Civil Code of 1910, as amended by the act of 1924 (G-a. L. 1924, p. 60), can adult children maintain an action for the homicide of their mother, where it appears that the husband and father survived the mother, but died before the institution of any suit on account of the homicide?”

*159In Atlanta & West Point Railroad Co. v. Venable, 65 Ga. 55, it was held: “Section 2971 of the Code [of 1873] provides as follows: ‘A widow, or if no widow a child or children, may recover for the homicide of the husband…