Caskey v. Underwood

89 Ga. App. 418 (1953)

79 S.E.2d 558

CASKEY

v.

UNDERWOOD; and vice versa.

34918, 34919.

Court of Appeals of Georgia.

Decided December 4, 1953.

Rehearing Denied December 17, 1953.

John L. Green, Rupert Brown, Raymond Lester, James Barrow, for plaintiff in error.

Erwin, Nix, Birchmore & Epting, contra.

FELTON, J.

1. 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…