Brinkley v. Dixie Construction Co.

Candler, Justice.

The Court of Appeals certified to this court for answer the following question: “Under the Georgia Acts of 1943, p. 538, § 1, as codified in the 1933 Code Supp., § 74-204, does a bastard minor child or children, suing by next friend, have the legal right to recover for the tortious death of the father?”

We may state at the outset that such a right did not exist at common law, and if an illegitimate child may now maintain an action in this State to recover damages in such a case, the right to do so must be found in our statutes. Robinson v. Ga. R. & Bkg. Co., 117 Ga. 168 (43 S.…