VanPelt v. Chattanooga, R. & C. Railroad
Supreme Court of Georgia
Amendment. Action by minors. Before Judge Maddox. Chattooga superior court. September term, 1891. J. O. VanPelt, who sued as next friend of Eva A., William E. and D. O. VanPelt, minor children of D. A. VanPelt, deceased, brought his action against the railroad company for the homicide of D. A. VanPelt.
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Amendment. Action by minors. Before Judge Maddox. Chattooga superior court. September term, 1891. J. O. VanPelt, who sued as next friend of Eva A., William E. and D. O. VanPelt, minor children of D. A. VanPelt, deceased, brought his action against the railroad company for the homicide of D. A. VanPelt. When the case came on for trial plaintiff’s counsel offered to amend the declaration by adding that at the time of the killing of D. A. VanPelt he had no living wife, his wife having died three years previous to his death; and also to amend the declaration by adding: “ The train by which said…
1Opinion of the Court
*706 Judgment reversed.
The original declaration alleged that the railroad company had injured and damaged petitioner, as next friend of the minor children above named, $25,000; that the above named children were the minor children of D. A. YanPelt, who was killed through the recklessness, carelessness and gross negligence of the railroad company, its agents, servants and employees, under the following circumstances: D. A. YanPelt on November 5, 1890, about three quarters of a mile below Summerville, Chattooga county, was riding in a two-horse wagon along the public road leading to Chattoogaville,…
2Cited by9 opinions
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- Linder v. BrownSupreme Court of Georgia · 1912
- Dent v. MerriamSupreme Court of Georgia · 1901
- Vale Royal Manufacturing Co. v. BradleyCourt of Appeals of Georgia · 1911
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