93 Ga. 742 | Ga. | 1894
Under this state of facts, we think the mother was entitled to the custody and services of the child, and if it was injured by the negligence or recklessness of an employee of the company, she would be entitled to recover, although her husband was still living. If a husband or father abandons his wife and children, and refuses or fails to maintain them, but leaves them to earn their own support, the mother becomes the head of the family, and is entitled to the custody of the children and to their earnings; and if by the negligence of another, one of the children is injured, we see no reason why the mother should not be entitled to recover the value of the services of the injured child. The husband’s abandonment of the children and his failure and refusal to support them is a voluntary relinquishment of his right to their custody and to their services. Section 1793 of the code declares that “until majority the child remains under control of the father, who is entitled to his services and the proceeds of his labor.” It declares also that “this parental power is lost . . by the failure of the father to provide necessaries for his child, or his abandonment of his family.” The amendment alleges both of these grounds.