Atlanta & West Point Railroad v. Venable
Supreme Court of Georgia
Railroads. Damages. Parent and child. Laws. Before Judge HlLLYER. Fulton Superior Court. September Term, 1879. Venable, as next friend of certain minor orphan children, brought case against the Atlanta and West Point Railroad for the homicide of their mother. Defendant moved to dismiss the case because the children had no-right of action. The motion was overruled and defendant excepted.
1Opinion of the Court
Jackson, Justice.
This was a demurrer to plaintiff’s declaration against the company, or a motion to dismiss it, on the ground that the minor children of a mother killed by the negligence of railroad officials, had no right of action against the railroad company, under the laws of this state. The question turns on the construction of section 2971 of our Code, which is in these words : “A widow, or if no widow *56.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,…
2Cited by16 opinions
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- Harrell v. GardnerCourt of Appeals of Georgia · 1967
- Happy Valley Farms Inc. v. WilsonSupreme Court of Georgia · 1941
- Watson v. ThompsonSupreme Court of Georgia · 1938
- Pollard v. GormanCourt of Appeals of Georgia · 1935
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