Georgia Railroad & Banking Co. v. Wynn
Supreme Court of Georgia
Husband and Wife. Damages. Railroad Companies. Before Judge Robinson. Morgan Superior Court. September Term, 1870. Wynn brought case againt the Georgia Railroad & Banking Company, making the following averments: On the 18th of July, 1869, defendant was running over its road a “pay-train,” without a schedule and without notice to the public.
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Husband and Wife. Damages. Railroad Companies. Before Judge Robinson. Morgan Superior Court. September Term, 1870. Wynn brought case againt the Georgia Railroad & Banking Company, making the following averments: On the 18th of July, 1869, defendant was running over its road a “pay-train,” without a schedule and without notice to the public. Plaintiff’s wife was traveling in a carriage, drawn by mules, unaccustomed to seeing steam engines; she asked when the train would run over the portion of the road along her route, .and was told that there would be no train for three hours. After going…
1Opinion of the CourtWarner, J.
There was no error in the judgment of the Court below in overruling the first ground of demurrer to the plaintiff’s declaration, as set forth in the record. After the most diligent research, we have not been able to find a single case in which it has been held, that, by the common law, a husband could *334maintain an action to recover damages for the homicide of his wife. In Baker vs. Bolton, 1st Campbell’s Reports, 493, Lord Ellenborough said, “In a civil Court, the death of a human being could not be complained of as an injury; and, in this case, the damages, as to the plaintiff’s wife, must…
2Cited by7 opinions
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- Mott v. Central RailroadSupreme Court of Georgia · 1883
- Watson v. ThompsonSupreme Court of Georgia · 1938
- Denham v. Texas Co.Court of Appeals of Georgia · 1917
- Womack v. Central Railroad & Banking Co.Supreme Court of Georgia · 1888
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