Garvin v. Lovett

Deen, Judge.

1. (a) The right of action of a husband for the tortious homicide of the wife under Code § 105-1306 accrues at the time of the death of the wife from the injuries inflicted by the defendant. "The right which the statute gives... can not exist until [s]he is actually dead.” Western & A. R. Co. v. Bass, 104 Ga. 390 (30 SE 874). "The gist of the action is not the injury suffered by the deceased, but the injuries suffered by the beneficiaries.” Thompson v. Watson, 186 Ga. 396, 404 (197 SE 774). It follows that the plaintiff, who married the decedent after she suffered fatal injuries…