Legal Opinion

Griffith v. Griffith

Supreme Court of Georgia

Decided May 16, 1907PublishedCited by 4 opinions

Equitable petition. Before Judge Reagan. Butts superior court. February 20, 1906. R. M. Griffith, as guardian of the person and property of Louisa "V. Griffith, a minor, brought an action against Mrs. N. B. Griffith, the widow of D. Y. Griffith, father of the plaintiffs ward, to recover one fifth of $1,500, which it was alleged the defendant had received in settlement of an action brought by her against the Southern Railway Company for the homicide of the said D. Y.…

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Equitable petition. Before Judge Reagan. Butts superior court. February 20, 1906. R. M. Griffith, as guardian of the person and property of Louisa "V. Griffith, a minor, brought an action against Mrs. N. B. Griffith, the widow of D. Y. Griffith, father of the plaintiffs ward, to recover one fifth of $1,500, which it was alleged the defendant had received in settlement of an action brought by her against the Southern Railway Company for the homicide of the said D. Y. Griffith, it appearing from the petition that he left surviving him a widow and four minor children, one of the children being…

1Opinion of the CourtFish, C. J.

(After stating the facts.)

As appears from the foregoing statement of facts, the record in this case presents but' a single question for adjudication, and that is whether a minor child is entitled to recover from the widow of such child’s father a distributive share of the proceeds of a recovery Lad by the widow for the wrongful homicide of her husband. “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…

2Cases cited3 opinions

  1. Mott v. Central RailroadSupreme Court of Georgia · 1883
  2. Coleman v. HyerSupreme Court of Georgia · 1901
  3. David v. Southwestern RailroadSupreme Court of Georgia · 1870

3Cited by4 opinions

  1. Dunn v. CaylorSupreme Court of Georgia · 1962
  2. Williams v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1924
  3. Cooper v. CooperCourt of Appeals of Georgia · 1923
  4. Vickers v. VickersSupreme Court of Georgia · 1954

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