David v. Southwestern Railroad
Supreme Court of Georgia
Railroad Companies. Minors. Measure of Damages. Before Judge Harrell. Randolph 'Superior Court, May Term, 1870. Charles Rogers was killed in 1866, by an engine on the Southwestern Railroad. His widow brought case therefor, against the railroad company, returnable to November Term, 1868, of said Court. Pending that action, the widow died leaving divers minor children of herself and said Charles, surviving.
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Railroad Companies. Minors. Measure of Damages. Before Judge Harrell. Randolph 'Superior Court, May Term, 1870. Charles Rogers was killed in 1866, by an engine on the Southwestern Railroad. His widow brought case therefor, against the railroad company, returnable to November Term, 1868, of said Court. Pending that action, the widow died leaving divers minor children of herself and said Charles, surviving. John David, a proch'ien ami of said minors, was made a party plaintiff to said action, and prosecuted it for the benefit of said minors. At November Term, 1867, said cause *was tried, and…
1Opinion of the Court
By the Court—
McCAY, J.,
delivering the opinion.
As we said in Johnson v. Macon and Western Railroad, 38th Georgia, 433, the language of the section 2920 of the Code, under which suit is broüght, is not so clear as the importance of the subject demands. It is clear to us, however, that the object of the Act is to give a remedy to the widow, and, if there be no widow, or if she die before the question is settled, then to the children.
It is sticking in the bark to say that nothing survives to the children but the “action.” The “action” is but an incident, a means of getting a right. It is the…
2Cited by8 opinions
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- Engle v. FinchSupreme Court of Georgia · 1927
- Thompson v. Georgia Railway & Power Co.Supreme Court of Georgia · 1927
- Coleman v. HyerSupreme Court of Georgia · 1901
- Genslinger v. New Illinois Athletic ClubAppellate Court of Illinois · 1923
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