Legal Opinion

St. Paul Fire & Marine Insurance v. Miniweather

Court of Appeals of Georgia

Decided May 1, 1969No. 44386PublishedCited by 9 opinions

1Opinion of the Court

Deen, Judge.

1. The wrongful death Acts, being statutory rather than common-law remedies, are strictly construed. Bloodworth v. Jones, 191 Ga. 193 (11 SE2d 658). Therefore, whatever may be the effect of Code § 105-1304 providing that a widow shall hold the amount recovered in a civil action for the death of the husband and father “as if it were personal property descending to the widow and children from the deceased” there is no right of any kind for children of the widow who are stepchildren of the deceased to participate in such a recovery.

2. On the other hand, minor unmarried stepchildren…

2Cases cited5 opinions

  1. Bloodworth v. JonesSupreme Court of Georgia · 1940
  2. Maryland Casualty Co. v. StephensCourt of Appeals of Georgia · 1948
  3. Maloney v. KirbyCourt of Appeals of Georgia · 1934
  4. Zachery v. Royal Indemnity Co.Court of Appeals of Georgia · 1949
  5. O'Steen v. Florida Insurance ExchangeCourt of Appeals of Georgia · 1968

3Cited by9 opinions

  1. Garner v. Owens-Illinois Glass ContainerCourt of Appeals of Georgia · 1975
  2. Thomaston Mills, Inc. v. KierbowCourt of Appeals of Georgia · 1987
  3. Johnson v. StateCourt of Appeals of Georgia · 1972
  4. Johnson v. StateCourt of Appeals of Georgia · 1972
  5. Limbaugh v. WoodallCourt of Appeals of Georgia · 1970

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