Powell v. Berry
Supreme Court of Georgia
Action for damages. Before Judge Bell. Fulton superior court. October 16, 1913. Mrs. F. M. Berry brought suit against George B. Powell, to recover damages for the homicide of her son, upon whom, it is alleged, she was dependent and who contributed to her support.
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Action for damages. Before Judge Bell. Fulton superior court. October 16, 1913. Mrs. F. M. Berry brought suit against George B. Powell, to recover damages for the homicide of her son, upon whom, it is alleged, she was dependent and who contributed to her support. She further alleged, that on the day of the fatal occurrence her son entered the defendant’s automobile as his guest and sat on the back seat; that he had no control or direction of the defendant’s actions; that the defendant drove the car at a rapid and reckless rate of speed around the curve of a road, and the car, after running…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.) The court properly refused to dismiss this case upon general demurrer. The petition shows that the death of the plaintiffs son, who contributed to her support and upon whom she was dependent, was due to the negligence of the defendant, who was driving his automobile, by the overturning of which the plaintiffs son was killed, at a highly dangerous and negligent rate of speed. That the defendant’s negligence was the cause of the death of plaintiffs son, under the allegations of the petition, is not disputed in the argument of counsel for plaintiff in error;…
2Cited by6 opinions
- Powell v. BerrySupreme Court of Georgia · 1916
- O'Connell v. McKeownMassachusetts Supreme Judicial Court · 1930
- Stukes v. TrowellCourt of Appeals of Georgia · 1969
- Shiflett's Administratrix v. Virginia Railway & Power Co.Supreme Court of Virginia · 1923
- Davis v. FerrellCourt of Appeals of Georgia · 1968
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