Odom v. Atlanta & West Point Railroad

The rule in Bloodworth v. Jones, 191 Ga. 193 (11 S. E. 2d, 658), seems to control this case. It was there held that “the statute vests the right to sue in the first instance in the widow, and so long as she lives neither the children nor any one for them can institute such action.” This court can not legislate an exception into the plain words of the statute. See Code, § 105-1302. The same case holds that “the statute makes no provision for a case where the widow declines to sue,” and we submit that that ruling means where she declines to sue fraudulently or otherwise. Where the Supreme Court…