Dellinger v. Elm City Cotton Mills
Cases that cite this one
10 later published cases cite this decision.
- Helton v. Western & Atlantic Railroad (Ga. Ct. App. 1942)
- Campbell v. Western & Atlantic Railroad (Ga. Ct. App. 1938)
- Gibbs v. Georgia Southern & Florida Railway Co. (Ga. Ct. App. 1934)
- Western & Atlantic Railroad v. Allgood (Ga. Ct. App. 1930)
- Butts v. City of Moultrie (Ga. Ct. App. 1929)
- Newton v. City of Moultrie (Ga. Ct. App. 1928)
- Thompson v. Georgia Railway & Power Co. (Ga. Ct. App. 1927)
- Bugg v. Knowles (Ga. Ct. App. 1925)
- Holland v. Georgia Southern & Florida Railway Co. (Ga. Ct. App. 1925)
- Holston Box & Lumber Co. v. Holcomb (Ga. Ct. App. 1923)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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 cause of action is shown in the father. Eor this reason the petition in this case was properly dismissed on demurrer. Direction is given that the plaintiff be allowed to amend the petition by making the necessary allegation as to the death of the mother. Bilbro v. Jones, 102 Ga. 161 (29 S. E. 118) ; Robinson v. Georgia Railroad Co., 117 Ga. 168 (43 S. E. 452, 60 L. R. A. 555, 97 Am. St. Rep. 156) ; Frazier v. Georgia R. Co., 96 Ga. 785 (22 S. E. 936).
The assignments of error as to the judgment on the special demurrers are not passed upon.
Judgment affirmed uRth direction.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.