Legal Opinion

McDonald v. Eagle & Phenix Manufacturing Co.

Supreme Court of Georgia

Decided February 15, 1882PublishedCited by 21 opinions

Damages. Negligence. Master and Servant. Husband and Wife. Before Judge Willis. Muscogee Superior Court. May Term, 1881. Charlotte McDonald sued the Eagle-and Phenix Manufacturing Company to recover damages-for the homicide of her husband. On demurrer the court dismissed the case, and plaintiff excepted.

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Damages. Negligence. Master and Servant. Husband and Wife. Before Judge Willis. Muscogee Superior Court. May Term, 1881. Charlotte McDonald sued the Eagle-and Phenix Manufacturing Company to recover damages-for the homicide of her husband. On demurrer the court dismissed the case, and plaintiff excepted. The declaration was as follows : “The petition of Charlotte McDonald, showeth that the Eagle and Phenix Manufacturing Company, a corporation of the state of Georgia, resident in the county of Muscogee, has damaged your petitioner in the sum of $10,000.00. For that heretofore, to-wit, on…

1Opinion of the Court

Jackson, Chief Justice.

This was a general demurrer to plaintiff’s declaration, in which she declared against the Eagle and Phenix Manufacturing Company for the homicide of her husband; The demurrer was sustained and the action dismissed, and this judgment is assigned as error.

This ismn action authorized by statute, and the statute is codified in section 2971 of our Code. It authorizes the widow to sue for the homicide of her husband. The term homicide, used in the statute, means the killing of the husband in some unlawful manner. Code, §4313. Of course it cannot mean justifiable homicide, for…

2Cases cited1 opinion

  1. Stokes v. SaltonstallSupreme Court of the United States · 1839

3Cited by21 opinions

  1. Moore v. Dublin Cotton MillsSupreme Court of Georgia · 1907
  2. Thompson v. WatsonSupreme Court of Georgia · 1938
  3. McDonnell v. Central of Georgia Railway Co.Supreme Court of Georgia · 1903
  4. Atlanta Cotton Factory Co. v. SpeerSupreme Court of Georgia · 1883
  5. Hamby v. Union Paper-Mills Co.Supreme Court of Georgia · 1900

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