Mayor & Council of Athens v. Smith
Supreme Court of Georgia
Action for damages. Before Judge Russell. Clarke superior court. October 11, 1899.
1Opinion of the CourtSimmons, C. J.
1. A married woman living with her husband may bring an action in her own name for physical injuries sustained by her. Civil Code, §2475; City of Atlanta v. Dorsey, 73 Ga. 479 ; Pavlovski v. Thornton, 89 Ga. 829.
2. A general motion to dismiss a suit “because it is a suit for a tort by a married woman living with her husband, in her own name alone,” was properly overruled, where the petition set out a cause of- action against the defendant and prayed for certain elements of damage for which the plaintiff could recover, although it may also have contained prayers for other elements of damage…
2Cases cited6 opinions
- May v. JonesSupreme Court of Georgia · 1891
- Reese v. ReeseSupreme Court of Georgia · 1892
- Baer v. ChristianSupreme Court of Georgia · 1889
- Pavlovski v. ThorntonSupreme Court of Georgia · 1892
- City of Atlanta v. DorseySupreme Court of Georgia · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Heyman v. HeymanCourt of Appeals of Georgia · 1917
- Warren Company v. DicksonSupreme Court of Georgia · 1938
- Tingle v. MaddoxSupreme Court of Georgia · 1938
- Harris County v. BradySupreme Court of Georgia · 1902
- Hoffman v. Louis L. Battey PostCourt of Appeals of Georgia · 1946
6 more not listed; retrieve them via the Exa API.