Legal Opinion

Brown v. Seaboard Air Line Railroad

Court of Appeals of Georgia

Decided October 13, 1954No. 35239PublishedCited by 3 opinions

1Opinion of the CourtFelton, C. J.

While ordinarily the cause of action for lost earnings and medical expenses expended is in the father of a minor child (Code § 105-107; Sheffield v. Lovering, 51 Ga. App. 353, 354 (3), 180 S. E. 523), a father may emancipate his minor child (Hargrove v. Turner, 112 Ga. 134, 37 S. E. 89, 81 Am. St. R. 134), and thereby vest in the child the right through his guardian or by next friend to sue for such damages. Coleman v. Dublin Coca-Cola Bottling Co., 47 Ga. App. 369 (170 S. E. 549). The right of action is a single one and cannot be vested in both the father and child at the same time. It must…

2Cases cited5 opinions

  1. Sheffield v. LoveringCourt of Appeals of Georgia · 1935
  2. Coleman v. Dublin Coca-Cola Bottling Co.Court of Appeals of Georgia · 1933
  3. Hargrove v. TurnerSupreme Court of Georgia · 1900
  4. Hughes v. FieldSupreme Court of Georgia · 1933
  5. Bruce v. BruceSupreme Court of Georgia · 1943

3Cited by3 opinions

  1. Betz v. Farm Bureau Mutual Insurance Agency of Kansas, Inc.Supreme Court of Kansas · 2000
  2. Betz v. FARM BUREAU MUTUAL INSURANCE AGENCY OF KANSAS, INC.Supreme Court of Kansas · 2000
  3. Shinall v. HendersonCourt of Appeals of Georgia · 1971

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