Robinson v. Georgia Railroad & Banking Co.
Supreme Court of Georgia
Action for damages. Before Judge Reid. City court of Atlanta, July 8, 1902. The action was for the homicide of the plaintiff’s son, who it was alleged was killed by the negligent running of a train of the defendant company. From an amendment to her petition it appeared that her deceased son was an illegitimate child.
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Action for damages. Before Judge Reid. City court of Atlanta, July 8, 1902. The action was for the homicide of the plaintiff’s son, who it was alleged was killed by the negligent running of a train of the defendant company. From an amendment to her petition it appeared that her deceased son was an illegitimate child. To the petition as amended the defendant demurred on the ground that no-cause of action was set forth; for the reason that the mother of an illegitimate child can not recover for his homicide.
1Opinion of the CourtFish, J.
This record presents but a single question for our determination, and that is, has the mother of an illegitimate child a right of action, under the Civil Code, § 3828, for his wrongful or negligent homicide ? That section reads as follows: “A widow,, or, if no widow, a child or children, may recover for the homicide of the husband or parent; and if suit be brought by the widow or children’, and the former or one of the latter dies pending the action, the same,shall survive in the first case to the children, and in the latter to the surviving child or children. The husband may recover for the…
2Cases cited16 opinions
- McDonald v. Pittsburgh, Cincinnati, Chicago & St. Louis R'y Co.Indiana Supreme Court · 1896
- Hicks v. SmithSupreme Court of Georgia · 1895
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- Marshall v. Wabash RailroadSupreme Court of Missouri · 1894
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3Cited by16 opinions
- Lynch v. KnoopSupreme Court of Louisiana · 1907
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- Stoddard v. CampbellCourt of Appeals of Georgia · 1921
- Bloodworth v. JonesSupreme Court of Georgia · 1940
- Brinkley v. Dixie Construction Co.Supreme Court of Georgia · 1949
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