Horton v. Brown

Deen, Judge.

1. This case is controlled by Harrell v. Gardner, 115 Ga. App. 171, 174 (154 SE2d 265), where this court stated the question before it to be as follows: “Since the mother, for whose wrongful death this action is brought, could not if she were living bring a negligence action against her husband, may the children sue the father under Code Ann. § 105-1306 for the wrongful death of the mother when the mother’s death allegedly resulted from his negligent tort?” The court then (this writer dissenting) answered the question in the negative. That *48decision was based solely on a…