Legal Opinion

Western & Atlantic Railroad v. Harris

Supreme Court of Georgia

Decided May 17, 1907PublishedCited by 6 opinions

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

  1. Mott v. Central RailroadSupreme Court of Georgia · 1883
  2. Coleman v. HyerSupreme Court of Georgia · 1901

3Cited by6 opinions

  1. Thompson v. Georgia Railway & Power Co.Supreme Court of Georgia · 1927
  2. Hood v. Southern Railway Co.Supreme Court of Georgia · 1929
  3. Beale v. Georgia Railway & Power Co.Supreme Court of Georgia · 1920
  4. Paulk v. RobertsCourt of Appeals of Georgia · 1930
  5. Boatright v. EasonCourt of Appeals of Georgia · 1919

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API