Frazier v. Georgia Railroad & Banking Co.
Supreme Court of Georgia
Action for damages. Before Judge Reese. Taliaferro superior court. February term, 1896. This action was brought on November 20, 1895, by Aleck Frazier against the railroad company, to recover for the loss of the services of his minor child, Willie Frazier, aged fourteen years, as well as expenses, resulting from the homicide of said minor by the company, alleged to have been caused on January 7, 1892. Defendant demurred on the ground that the action was brought more than two…
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Action for damages. Before Judge Reese. Taliaferro superior court. February term, 1896. This action was brought on November 20, 1895, by Aleck Frazier against the railroad company, to recover for the loss of the services of his minor child, Willie Frazier, aged fourteen years, as well as expenses, resulting from the homicide of said minor by the company, alleged to have been caused on January 7, 1892. Defendant demurred on the ground that the action was brought more than two years after the tort complained of, and that the declaration sets forth no cause of action. The demurrer was sustained,…
1Opinion of the CourtLittle, J.
1. An examination of the record shows that the demurrer filed was based upon two grounds: (1) that the tort complained of did not occur within two years next preceding the bringing of the plaintiff’s suit; and (2) because the declaration sets forth no valid legal cause of action against the defendant. The only question, however, which we find it necessary to decide here is that of the statute of limitations. This involves the inquiry only,- whether the action instituted by the plaintiff is for injuries done to the person and to be brought within two years after the right of action accrues,…
2Cases cited13 opinions
- Cregin v. . Brooklyn Crosstown Railroad Co.New York Court of Appeals · 1878
- Shields v. YongeSupreme Court of Georgia · 1854
- Fluker v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1889
- Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1878
- Cregin v. . Brooklyn Crosstown R.R. Co.New York Court of Appeals · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Atlantic, Valdosta & Western Railroad v. McDildaSupreme Court of Georgia · 1906
- Pinkerton National Detective Agency, Inc. v. StevensCourt of Appeals of Georgia · 1963
- Silvertooth v. ShallenbergerCourt of Appeals of Georgia · 1934
- Complete Auto Transit, Inc. v. FloydSupreme Court of Georgia · 1958
- Stoddard v. CampbellCourt of Appeals of Georgia · 1921
28 more not listed; retrieve them via the Exa API.