Frazier v. Georgia Railroad & Banking Co.
Supreme Court of Georgia
Action for damages. Before Judge Reese. Taliaferro superior court. August term, 1894. The declaration alleges, that the railroad company has damaged the plaintiff'in the sum of $6,500 ; for that he is the only surviving parent of a minor son Willie Brazier, who on January 7, 1892, became a passenger ■on the company’s train.
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Action for damages. Before Judge Reese. Taliaferro superior court. August term, 1894. The declaration alleges, that the railroad company has damaged the plaintiff'in the sum of $6,500 ; for that he is the only surviving parent of a minor son Willie Brazier, who on January 7, 1892, became a passenger ■on the company’s train. Then follow allegations in detail, showing that, either of wilful purpose or from gross negligence of the conductor of the train, the boy was forced off' the same while it was running at a high speed, whereby he was killed; and “that by reason of the death of his said son,…
1Opinion of the CourtAtkinson, J.
1. The father has no right of action under the act of October 27th, 1887 (Acts 1887, p. 43), for the homicide of a minor child, if the mother was in life at the time of the homicide. If, in such case, she died without bringing an action for the homicide, no such right of action survived to, or was conferred upon, the father by the above recited act.
2. Construing all together the allegations of the plaintiff’s declaration, it was manifestly intended to be an action for the homicide of his minor son, and cannot be construed as an action for the services of such son. Judgment affirmed.
Samuel H.…
2Cited by10 opinions
- King v. Southern Railway Co.Supreme Court of Georgia · 1906
- Watson v. ThompsonSupreme Court of Georgia · 1938
- Peebles v. Charleston & Western Carolina Railway Co.Court of Appeals of Georgia · 1910
- City of Elberton v. ThorntonSupreme Court of Georgia · 1912
- Dellinger v. Elm City Cotton MillsCourt of Appeals of Georgia · 1921
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