54 Ga. 503 | Ga. | 1875
This was an action brought by the plaintiff against the defendant to recover damages for killing his male child of the age of two years. The plaintiff alleges in his declaration, that the defendant, by means of the carelessness and negligence of its agents, in the management of its street railway cars, ran against, struck down, ran over, and ' crushed the body of his said child, whilst in the 'act of crossing Marietta street, a public street in the city of Atlanta, without blame or fault on the part of said child, whereby the said child died thirteen days after the infliction of said injury by the defendant. The* plaintiff also alleges that his child was sound and healthy, and that the services of his said child would have become, at an early day, of great value Co him, to^wit: the sum of $3,000 for services to be rendered by his said child, until he had attained the age of twenty-one years, of which, the plaintiff alleges, lie has been deprived by the negligence and carelessness of the defendant. The defendant demurred to the plaintiff’s declaration on the ground that no legal cause of action was alleged therein which would entitle the plaintiff to recover the damages which he claimed. The court sustained the demurrer and the plaintiff excepted.
Let the judgment of the court below be affirmed.