Smith v. Hiawassee Hardware Co.

Quillian, Presiding Judge.

The Smiths are the grandparents and guardians of Franklin Everett, a minor, whose mother, Rita Smith Everett, was killed when her automobile collided in an intersection with an automobile owned by Pope Wood and driven by his son, Timothy Dwight Wood. The collision occurred at the intersection of Berrong and Wood Streets in the City of Hiawassee (City), on the southwest corner of which stood a small wooden building erected by Hiawassee Hardware Company (HHC). The Smiths, as guardians of the deceased’s child, brought this action for wrongful death in his behalf against…