Bell v. Central R. R.

• Decision Date: 11 November 1884
• Citation: 73 Ga. 520
• Parties: BELL v. THE CENTRAL RAILROAD.
• Court: Georgia Supreme Court

73 Ga. 520

BELL v. THE CENTRAL RAILROAD.

Supreme Court of Georgia.

November 11, 1884

September Term, 1884.

In order for a parent to recover for the homicide of a minor child, it must be alleged and shown that such homicide resulted in loss to the parent of the services of such child. Where a declaration merely alleged that the minor child of the plaintiff had been killed bye the carelessness and negligence of the agents of a railroad company, whereby the plaintiff was damaged, no cause of action was set out; there was nothing to amend by; and an amendment, alleging that the services of plaintiff's child were of a stated value to her per annum, and by reason of the homicide of the son by the defendant, she was deprived of his services, and was thereby damaged, was properly refused.

( a. ) Where a cause of action is set forth, a defective declaration may be amended in matter of form or substance.

Parent and Child. Amendment. Actions. Homicide. Before Judge SIMMONS. Bibb Superior Court. April Term, 1884.

Reported in the decision.

W. H WYLLY; LANIER & ANDERSON, for plaintiff in error.

LYON & GRESHAM, for defendant.

BLANDFORD Justice.

The plaintiff's declaration alleged that the defendant, by the carelessness and negligence of its agents, killed her son, who was a minor, whereby she was damaged. The plaintiff proposed to amend this declaration by adding thereto that the services of her son were of such a value to her per annum and by this homicide by defendant of her son, she was deprived of his services, and was thereby en-damaged.

The defendant objected to this amendment, upon the ground that the declaration set forth no substantial cause of action, and could not be amended. The court sustained this objection and refused the amendment, and the declaration being demurred to because the same contained no cause of action against defendant, this demurrer was sustained, and the case dismissed, and these rulings of the court constitute the errors complained of here.

Unless the declaration set forth a cause of action,-that is, made a case in court, then there was not enough to amend by. Code §§3479, 3480.

The section 2971 of the Code allows the widow, or children, if no widow, to recover for the homicide of the husband, or father but does not authorize a parent to recover for the homicide of a child. By the section 2960 of the Code, it is provided that every person, for torts committed...