City of Elberton v. Thornton
Supreme Court of Georgia
The Court of Appeals certified to the Supreme Court the following question for decision: “The suit was brought for minor children by their duly appointed guardian, to recover damages for the 'alleged negligent homicide of their father. The allegations of the petition show that the deceased was survived by his widow also, who died without having brought suit for the homicide.
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The Court of Appeals certified to the Supreme Court the following question for decision: “The suit was brought for minor children by their duly appointed guardian, to recover damages for the 'alleged negligent homicide of their father. The allegations of the petition show that the deceased was survived by his widow also, who died without having brought suit for the homicide. Under these facts have the children a right of action under Civil Code (1910), § 4424, which provides that ‘A widow, or, if no widow, a child ox children, may recover for the homicide of the husband or parent; and if suit…
1Opinion of the CourtAtkinson, J.
If tbe damages which the widow might have recovered would have been for the use of the widow to the exclusion of- the children,. under the doctrine of King v. Southern R. Co., 126 Ga. 798 (55 S. E. 965, 8 L. R. A. (N. S.) 544), and Frazier v. Georgia R. &c. Co , 96 Ga. 785 (22 S. E. 936), clearly the right of action would have abated upon the death of the widow. In other words, the person entitled to damages having died, the cause of action would at common law have abated, and the provisions of Civil Code § 4421, “No action for a tort shall abate by the death of either party, where the…
2Cases cited3 opinions
- King v. Southern Railway Co.Supreme Court of Georgia · 1906
- Smith v. JonesSupreme Court of Georgia · 1912
- Frazier v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1895
3Cited by11 opinions
- Thompson v. WatsonSupreme Court of Georgia · 1938
- Bloodworth v. JonesSupreme Court of Georgia · 1940
- Burns v. BrickleCourt of Appeals of Georgia · 1962
- Watson v. ThompsonSupreme Court of Georgia · 1938
- Pollard v. GormanCourt of Appeals of Georgia · 1935
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