Skidaway Shell-Road Co. v. Brooks
Supreme Court of Georgia
Judgments. Actions. Abatement. Parties. Torts. Before Judge Adams. Chatham Superior Court. June Term, 1886. Ellen O’Brien brought suit against the Skidaway Shell-Road Company to recover damages for a personal injury resulting from falling into a ditch, alleged to have been unlawfully dug by the defendant, and on the trial, she recovered a verdict for $1,000. A motion for a new trial was made, and after argument, the court reserved his decision. After this the plaintiff died.
Read the full summary
Judgments. Actions. Abatement. Parties. Torts. Before Judge Adams. Chatham Superior Court. June Term, 1886. Ellen O’Brien brought suit against the Skidaway Shell-Road Company to recover damages for a personal injury resulting from falling into a ditch, alleged to have been unlawfully dug by the defendant, and on the trial, she recovered a verdict for $1,000. A motion for a new trial was made, and after argument, the court reserved his decision. After this the plaintiff died. Still later, her attorneys entered, up judgment on the verdict within four days from the adjournment of the court at…
1Opinion of the Court
Blandrord, Justice.
The question here is, does an action ex delicto for personal injuries abate by the death of either party after verdict for the plaintiff and before judgment entered, although judgment be entered on the verdict within four days after the adjournment of thé term of the court during which the verdict was found?
The solution of this question depends, 1st, upon what was the law of England ? 2d. What is the law of this state ?
The statute, 17 Charles 2, chap. 8, enacts that, “ In all actions, real, personal or mixed, the death of either of the parties between verdict and judgment…
2Cases cited7 opinions
- Ryghtmyre v. DurhamNew York Supreme Court · 1834
- Collins v. PrenticeSupreme Court of Connecticut · 1843
- Fowler v. BurdettTexas Supreme Court · 1857
- Pool v. LoomisSupreme Court of Arkansas · 1843
- Beard v. . HallSupreme Court of North Carolina · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hollis v. LawtonSupreme Court of Georgia · 1899
- Moore v. MooreSupreme Court of Georgia · 1972
- Moore v. MooreSupreme Court of Georgia · 1972
- Thompson v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1958