Western & Atlantic Railroad v. Harris
Supreme Court of Georgia
Action for damages. Before Judge Fite. Catoosa superior court. February 9, 1906.
1Opinion of the CourtAtkinson, J.
1. The right to institute an action for the homicide of a-father is, under the Civil Code, §3828, where there is no widow, vested, in the minor children of the deceased. An adult child has'no right to . institute such a suit. Mott v. Central Railroad, 70 Ga. 680; Coleman v. Hyer, 113 Ga. 420. Accordingly, when a suit for the homicide of a father was brought by three plaintiffs, alleging themselves to be children of the deceased, and two were adults and one a minor, a demurrer raising the objection that the adults were improperly joined as plaintiffs should have been sustained. Civil Code,…
2Cases cited2 opinions
- Mott v. Central RailroadSupreme Court of Georgia · 1883
- Coleman v. HyerSupreme Court of Georgia · 1901
3Cited by6 opinions
- Thompson v. Georgia Railway & Power Co.Supreme Court of Georgia · 1927
- Hood v. Southern Railway Co.Supreme Court of Georgia · 1929
- Beale v. Georgia Railway & Power Co.Supreme Court of Georgia · 1920
- Paulk v. RobertsCourt of Appeals of Georgia · 1930
- Boatright v. EasonCourt of Appeals of Georgia · 1919
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