Frazier v. Georgia R.R. & Banking Co.

• Decision Date: 16 August 1895
• Citation: 22 S.E. 936,96 Ga. 785
• Parties: FRAZIER v. GEORGIA RAILROAD & BANKING CO.
• Court: Georgia Supreme Court

22 S.E. 936

96 Ga. 785

FRAZIER v. GEORGIA RAILROAD & BANKING CO.

Supreme Court of Georgia

August 16, 1895

Syllabus by the Court.

1. The father has no right of action, under the act of October 27, 1887 (Acts 1887, p. 43), for the homicide of a minor child, if the mother was in life at the time of the homicide. If, in such case, she died without bringing an action for the homicide, no such right of action survived to, or was conferred upon, the father by the above-recited act.

2. Construing all together the allegations of the plaintiff's declaration, it was manifestly intended to be an action for the homicide of his minor son, and cannot be construed as an action for the services of such son.

Error from superior court, Taliaferro county; Seaborn Reese, Judge.

Action by A. Frazier against the Georgia Railroad & Banking Company to recover for the death of plaintiff's minor child. Defendant had judgment, and plaintiff brings error. Brought forward from the last term. Code, §§ 4271a-4271c. Affirmed.

Acts 1887, No. 588, p. 43, § 1, provides that "a mother, or if no mother, a father, may recover for the homicide of a child, minor or sui juris, on whom she or he is dependent, or who contributes to his or her support, unless said child leaves a wife, husband, or child. Said mother or father shall be entitled to recover the full value of the life of said child."

Hart & Sibley, for plaintiff in error.

J. B. & B. Cumming and M. P. Reese, for defendant in error.

PER CURIAM.

Judgment affirmed.