Georgia Court of Appeals, 1949

Southeastern Greyhound Lines v. Wells

Southeastern Greyhound Lines v. Wells
Georgia Court of Appeals · Decided February 26, 1949 · Felton, Siítton, Parker
52 S.E.2d 37; 78 Ga. App. 709; 1949 Ga. App. LEXIS 963 (South Eastern Reporter, Second Series)

Southeastern Greyhound Lines v. Wells

Opinion of the Court

Felton, J.

“Where the father of eleven children was killed by the negligence of a tort-feasor, and the tort-feasor settled with six of the children, such settlement constituted, on the part of the tort-feasor, a waiver of the rule against splitting a cause of action, and, as against the grounds of demurrer urged by the defendant, an action would lie in the other five children for their proportionate part of the value of their 'father's life.” Southeastern Greyhound Lines v. Wells, 204 Ga.. 814 (51 S. E. 2d, 569).

The court did not err in overruling the demurrers to the petition.

Judgment affirmed.

Siítton, C. J., and Parker, J., concur.

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