Southern Railway Co. v. Waldrup

(After stating the foregoing facts.) This court held in Wallace v. Brannen, 56 Ga. App. 856 (supra), that where the surviving husband brings an action for the wrongful death of his wife, her surviving children may be joined as parties plaintiff by amendment, even though more than two years have elapsed since the children’s cause of action accrued, the husband’s petition having been filed before the expiration of two years. This assignment of error is without merit.

The petition was sufficient to withstand an oral motion to dismiss in the nature of a general demurrer. It alleged that a path…