Legal Opinion
Caskey v. Underwood
Court of Appeals of Georgia
Decided December 4, 1953No. 34918, 34919PublishedCited by 20 opinions
1Opinion of the CourtFelton, J.
The court did not err in sustaining the general demurrer to count three. The contentions of the plaintiff in error are: that the death statute creates a new statutory cause of action unknown to the common law and independent of common-law concepts of liability; that the statute prescribes who may recover, the circumstances under which r'ecoveiy may be had, and the amount which may be recovered; that the words “other negligence” in Code § 105-1301 mean ordinary negligence; and that the "guest rule” with its requirement of gross negligence in order to impose liability, being a rule of common…
2Cases cited12 opinions
- Southern Railway Co. v. O'BryanSupreme Court of Georgia · 1903
- Western & Atlantic Railroad v. MichaelSupreme Court of Georgia · 1932
- Harris v. ReidCourt of Appeals of Georgia · 1923
- Slaton v. HallSupreme Court of Georgia · 1929
- Southern Railway Co. v. DavisSupreme Court of Georgia · 1909
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Grady Michael Higginbotham, Plaintiff-Appellee-Cross v. Ford Motor Company, Defendant-Appellant-Cross John Henry Lee and Veronica P. LeeCourt of Appeals for the Fifth Circuit · 1976
- Tisko v. HarrisonCourt of Appeals of Texas · 1973
- Brown v. SheffieldCourt of Appeals of Georgia · 1970
- Southern Bell Telephone & Telegraph Co. v. Coastal Transmission Service, Inc.Court of Appeals of Georgia · 1983
- Blunt v. SpearsCourt of Appeals of Georgia · 1956
15 more not listed; retrieve them via the Exa API.