Mott v. Central Railroad
Supreme Court of Georgia
Actions. Parent and Child. Torts. Before Judge Clark. City Court of Atlanta. December Term, 1882. Mott sued the Central Railroad for the homicide of his father, R. L. Mott. The declaration, besides alleging the manner of the death of deceased from being run over by the train of defendant, and charging negligence therein, alleged that “plaintiff is the only child of Randolph L. Mott; there is no widow.”
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Actions. Parent and Child. Torts. Before Judge Clark. City Court of Atlanta. December Term, 1882. Mott sued the Central Railroad for the homicide of his father, R. L. Mott. The declaration, besides alleging the manner of the death of deceased from being run over by the train of defendant, and charging negligence therein, alleged that “plaintiff is the only child of Randolph L. Mott; there is no widow.” Plaintiff admitted that he was more than twenty-one years of age at the time of bringing the suit. Defendant demurred to the declaration on the ground, among others, that plaintiff was not…
1Opinion of the Court
Hall, Justice.
This record presents for determination but a single question, which arises under Code of 1882, §2971, and is whether the adult child of a party who has been killed by a railroad train, and who has left neither widow or minor child, can maintain a suit against the corporation, to recover damages for the homicide ? The section in question, as it stood in the Code of 1873, was as follows: “ A widow, or if no widow, a child or children may recover for the homicide of the husband or parent, and if suit be brought by the widow or children, and the former, or one of the latter, dies…
2Cases cited7 opinions
- Macon & Western Railroad v. JohnsonSupreme Court of Georgia · 1868
- Persons v. HightSupreme Court of Georgia · 1848
- Atlanta & West Point Railroad v. VenableSupreme Court of Georgia · 1880
- Booth v. SaffoldSupreme Court of Georgia · 1872
- David v. Southwestern RailroadSupreme Court of Georgia · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Thompson v. WatsonSupreme Court of Georgia · 1938
- Bloodworth v. JonesSupreme Court of Georgia · 1940
- Foster v. VickerySupreme Court of Georgia · 1947
- Harrell v. GardnerCourt of Appeals of Georgia · 1967
- Haddon v. Shaheen & Co.Court of Appeals of Georgia · 1998
28 more not listed; retrieve them via the Exa API.