Webb v. Eggleston

The defendants bring forward on this appeal their exception to the order of the court, entered at the June Term, 1947, overruling their demurrer to the amended complaint. Hence the merit of that exception, as well as the exception to the refusal of the court below to dismiss as in case of nonsuit, is presented for consideration.

The right to maintain an action for damages for wrongful death did not exist at common law. It was created by Chap. 39, Laws 1854-55, now codified as G. S. 28-173. Hoke v. Greyhound Corp., 226 N. C., 332, 38 S. E. (2d), 105; White v. Charlotte, 212 N. C., 539, 193 S.…