Legal Opinion

Georgia Railroad & Banking Co. v. Tice

Supreme Court of Georgia

Decided December 21, 1905PublishedCited by 91 opinions

Action for damages. Before Judge Eve. City court of Richmond county. January 16, 1905. Mahala J. Tice and her husband, Charles Tice, jointly brought suit against the railroad company for injuries received by Mahala J. Tice while a passenger on a car operated on its railroad.

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Action for damages. Before Judge Eve. City court of Richmond county. January 16, 1905. Mahala J. Tice and her husband, Charles Tice, jointly brought suit against the railroad company for injuries received by Mahala J. Tice while a passenger on a car operated on its railroad. The petition alleged, that she boarded the train at a regular station, and entered a car made up of two compartments, and the car started before she reached the apartment provided for ladies, and, just as she reached the nearest vacant seat therein, a sudden jerk of the train threw her violently to the floor. In falling…

1Opinion of the CourtCobb, P. J.

When a married woman is injured by the wrongful conduct of another, two different causes of action may arise: the one in her favor for her own pain and suffering, and the other in favor of the husband for the loss of his wife’s services and for expenses incurred as a consequence of the injuries to her. These causes of action are separate and distinct,-and in favor of different parties. Therefore they can not be properly joined in one suit. Civil Code, §§4938-4946. A petition by a husband and wife, which sets forth a cause of action in favor of the wife and one in favor of the husband,…

2Cases cited15 opinions

  1. Singleton v. Southwestern RailroadSupreme Court of Georgia · 1883
  2. Metropolitan St. R. R. v. JohnsonSupreme Court of Georgia · 1893
  3. Lippincott & Co. v. BehreSupreme Court of Georgia · 1905
  4. Brunswick Light Co. v. GaleSupreme Court of Georgia · 1893
  5. Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886

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3Cited by91 opinions

  1. Standard Oil Co. v. ReaganCourt of Appeals of Georgia · 1915
  2. Wrightsville & Tennille Railroad v. VaughanCourt of Appeals of Georgia · 1911
  3. Jenkins v. LaneSupreme Court of Georgia · 1922
  4. Willingham, Wright & Covington v. GloverCourt of Appeals of Georgia · 1922
  5. Heyman v. HeymanCourt of Appeals of Georgia · 1917

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