Denham v. Texas Co.
Court of Appeals of Georgia
. Action for damages; from Baldwin superior court—Judge Park. January 11, 1916. C. E. Denbam and others, by their next friend, filed suit against the Texas Company and A. S. Denham, alleging the following facts: Plaintiffs are- the minoy children of A. S. Denham and Patty N. Denham.
Read the full summary
. Action for damages; from Baldwin superior court—Judge Park. January 11, 1916. C. E. Denbam and others, by their next friend, filed suit against the Texas Company and A. S. Denham, alleging the following facts: Plaintiffs are- the minoy children of A. S. Denham and Patty N. Denham. The Texas Company is á corporation nonresident of this State, and A. S. Denham is, and was at the time of the-injury complained of, the company’s agent in charge of-its office in the county of the suit. On June 10, 1915, Mrs. Patty N. Denham, the mother of the plaintiffs, at the invitation of said A. S. Denham,…
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.) The principal, *664and perhaps controlling, question presented here is whether minor children can recover for the negligent homicide of their mother when the husband and father is living and refuses to sue. If the plaintiffs can recover at all, they must do so by authority contained in section 4424 of the Civil Code of 1910. This section first 'appeared in the Code of 1863, as section 2913, and in the Irwin revision as section 2920. See also section 2971 of the codes of 1873 and 1882. Section 2913 of the Code of 1863, supra, contaips only the first sentence of…
2Cases cited5 opinions
- Mott v. Central RailroadSupreme Court of Georgia · 1883
- Miller v. Southwestern RailroadSupreme Court of Georgia · 1875
- Atlanta & West Point Railroad v. VenableSupreme Court of Georgia · 1880
- Georgia Railroad & Banking Co. v. WynnSupreme Court of Georgia · 1871
- Scott v. Central RailroadSupreme Court of Georgia · 1880
3Cited by5 opinions
- Watson v. ThompsonSupreme Court of Georgia · 1938
- Williams v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1924
- Georgia Railway & Power Co. v. BealeCourt of Appeals of Georgia · 1920
- Jones v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1932
- Happy Valley Farms Inc. v. WilsonSupreme Court of Georgia · 1941