Legal Opinion
Hendricks v. Southern Railway Co.
Court of Appeals of Georgia
Decided February 10, 1916No. 6587PublishedCited by 2 opinions
Action for damages; from city court of Eastman — Judge Neese. April 2, 1915.
1Opinion of the CourtBroyles, J.
1. The plaintiff’s petition showing that her right of action for damages for the homicide of her husband accrued more than two years prior to the filing of her petition, the action was barred by the statute of limitations. Civil Code, § 4497. The fact that within two years of the accrual of her right of action she brought suit thereon in the United States court, and there voluntarily dismissed the suit more than two years after such accrual, and then, within six months after the dismissal, commenced her suit in the city court of Eastman, did not avoid the bar of the statute of limitations.…
2Cases cited7 opinions
- Atlanta, Knoxville & Northern Railway Co. v. WilsonSupreme Court of Georgia · 1904
- Cox v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Georgia · 1882
- Mciver v. Florida Central & Peninsular RailroadSupreme Court of Georgia · 1900
- Constitution Publishing Co. v. DeLaughterSupreme Court of Georgia · 1894
- McDaniel v. German American InsuranceSupreme Court of Georgia · 1910
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3Cited by2 opinions
- Anderson v. Southern Bell Telephone & Telegraph CompanyCourt of Appeals of Georgia · 1963
- Ivester v. Southern Railway CompanyCourt of Appeals of Georgia · 1939