Southern Railway Co. v. Covenia
Supreme Court of Georgia
Action for damages. Before Judge Atkinson. City court of Brunswick. May term, 1896.
1Opinion of the Court
i'Simmons, Chief Justice.
Whatever may be the rule in other jurisdictions, it is well settled in this State that the gist of an action by a parent to recover damages for th'e death or injury of a minor child is the loss of services. Shields v. Yonge, 15 Ga. 349; Allen v. Atlanta Street Railroad Co., 54 Ga. 503. The loss of service being the cause of action, it follows that when the infant is incapable of rendering service .at the time of its death or injury the parent can not recover. This principle was recognized by the counsel of the plaintiff in the court below, for he alleged in the…
2Cases cited4 opinions
- Minnesota v. BarberSupreme Court of the United States · 1890
- Shields v. YongeSupreme Court of Georgia · 1854
- King v. GallunSupreme Court of the United States · 1883
- Allen v. Atlanta Street RailroadSupreme Court of Georgia · 1875
3Cited by33 opinions
- Mattfeld v. NesterSupreme Court of Minnesota · 1948
- Fuller v. InmanCourt of Appeals of Georgia · 1912
- Fowler v. Southern Airlines Inc.Supreme Court of Georgia · 1941
- Thompson v. WatsonSupreme Court of Georgia · 1938
- Callan Court Co. v. Citizens & Southern National BankSupreme Court of Georgia · 1937
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