Legal Opinion
Southland Butane Gas Co. v. Blackwell
Supreme Court of Georgia
Decided May 10, 1955No. 18864PublishedCited by 105 opinions
1Opinion of the Court
Hawkins, Justice.
(After stating the foregoing facts.) It is elementary that the father cannot recover in this case unless the deceased son could have recovered had he been only injured and lived. Berry v. Northeastern Railroad, 72 Ga. 137.
At common law, if the injury to or death of a person resulted from any negligence attributable to him, regardless of the degree, there could be no recovery, and no apportionment of damages. Macon & Western R. Co. v. Johnson, 38 Ga. 409, 432; Central R. & Bkg. Co. v. Dixon, 42 Ga. 327, 330; Hines v. Evitt, 25 Ga. *667App. 606 (4) (103 S. E. 865). This common-law…
2Cases cited24 opinions
- Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
- Americus, Preston & Lumpkin Railroad v. LuckieSupreme Court of Georgia · 1891
- Macon & Western Railroad v. JohnsonSupreme Court of Georgia · 1868
- Lowe v. PayneSupreme Court of Georgia · 1923
- Eubanks v. MullisCourt of Appeals of Georgia · 1935
19 more not listed; retrieve them via the Exa API.
3Cited by105 opinions
- Danculovich v. BrownWyoming Supreme Court · 1979
- Zaldivar v. PrickettSupreme Court of Georgia · 2015
- Thomas v. WilliamsCourt of Appeals of Georgia · 1962
- Palmer v. StevensCourt of Appeals of Georgia · 1967
- Jacobsen v. MullerCourt of Appeals of Georgia · 1986
100 more not listed; retrieve them via the Exa API.