Dellinger v. Elm City Cotton Mills
Court of Appeals of Georgia
Action for damages; from city court of LaGrange — Judge Duke Davis. December 14, 1930.
1Opinion of the CourtHni, J.
Under the Civil Code (1910), § 4424, which provides that “ a mother, or, if no mother, a father, may recover for the homicide of a child, minor or sui juris, upon whom she or he is dependent, or who contributes to his or her support,” the right to bring the action is primarily in the mother, and the father has no right of action if the mother is in life when the homicide occurs. Therefore, when a father brings a suit for the homicide of his son, to recover damages for the full value of the son’s life, and the petition fails to allege that the mother was dead at the time of the homicide, no…
2Cases cited3 opinions
- Robinson v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1903
- Frazier v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1895
- Bilbro v. JonesSupreme Court of Georgia · 1897
3Cited by10 opinions
- Bugg v. KnowlesCourt of Appeals of Georgia · 1925
- Newton v. City of MoultrieCourt of Appeals of Georgia · 1928
- Butts v. City of MoultrieCourt of Appeals of Georgia · 1929
- Campbell v. Western & Atlantic RailroadCourt of Appeals of Georgia · 1938
- Holston Box & Lumber Co. v. HolcombCourt of Appeals of Georgia · 1923
5 more not listed; retrieve them via the Exa API.