51-1-10. Who may bring an action for torts to wife; action by wife living apart from husband for torts to self or children.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

If a tort shall be committed upon the person or reputation of the wife, the husband or wife may recover therefor; if the wife shall be living separate from the husband, she may bring an action for such torts and also torts to her children and recover the same to her use.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 1703; Code 1868, § 1745; Code 1873, § 1755; Code 1882, § 1755; Civil Code 1895, § 2475; Civil Code 1910, § 2994; Code 1933, § 53-511.

Law reviews

For comment criticizing McDade v. West, 80 Ga. App. 481, 56 S.E.2d 299 (1949), and the former common-law rule denying the wife an action for loss of consortium, see 1 Mercer L. Rev. 316 (1950). For comment suggesting grant of right of action to wife for loss of consortium with husband, in light of McDade v. West, 80 Ga. App. 481, 56 S.E.2d 299 (1949), see 12 Ga. B. J. 330 (1950). For comment on Brown v. Georgia Tenn. Coaches, Inc., 88 Ga. App. 519, 77 S.E.2d 24 (1953), allowing wife’s recovery for loss of consortium of husband which resulted from personal injuries to him caused by defendant’s negligence, see 16 Ga. B. J. 335 (1954).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t51-(v39)-2017-pdf.pdf, Volume V39, 2017 edition, page 77; merge action: carried; file SHA-256 bc30a40687b2.

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