Southeastern Greyhound Lines v. Wells

Court of Appeals of Georgia

Southeastern Greyhound Lines v. Wells

52 S.E.2d 37, 78 Ga. App. 709, 1949 Ga. App. LEXIS 963

CourtCourt of Appeals of Georgia

DecidedFebruary 26, 1949

Docket32134.

StatusPublished

Cited by1 cases

This text of 52 S.E.2d 37 (Southeastern Greyhound Lines v. Wells) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Southeastern Greyhound Lines v. Wells, 52 S.E.2d 37, 78 Ga. App. 709, 1949 Ga. App. LEXIS 963 (Ga. Ct. App. 1949).

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Opinion

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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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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Bluebook (online)

52 S.E.2d 37, 78 Ga. App. 709, 1949 Ga. App. LEXIS 963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southeastern-greyhound-lines-v-wells-gactapp-1949.

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