Pritchard v. Savannah Street & Rural Resort Railroad
Supreme Court of Georgia
Actions. Abatement., Constitutional law. Railroads. Before Judge Falligant. Chatham superior court. December term, 1890. A suit for the recovery of damages from injuries to the person was instituted on October 25, 1889. Pending the action the death of the plaintiff was duly suggested of record on December 1, 1890. His administrator moved to be made a party in lieu of the intestate.
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Actions. Abatement., Constitutional law. Railroads. Before Judge Falligant. Chatham superior court. December term, 1890. A suit for the recovery of damages from injuries to the person was instituted on October 25, 1889. Pending the action the death of the plaintiff was duly suggested of record on December 1, 1890. His administrator moved to be made a party in lieu of the intestate. The judge held that this could not be done, and dismissed the case as having abated by the death of the plaintiff.
1Opinion of the Court
Lumpkin, Justice.
The first proposition stated in the above head-note was settled by this court in the case of Johnson v. The Bradstreet Co., decided at the present term (ante, 79). In that case, however, the main question was, whether or not the above mentioned section'of the code applied to actions for libel, and no question was raised in the argument as to the applicability of the amending act to pending suits, or its constitutionality as to them, if held applicable. This court, in the case just mentioned, considered the first of these questions, and decided that the act did apply to…
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