Harrison v. . Carter
Supreme Court of North Carolina
Appeal by plaintiff from Sinic, J., at May Term, 1945, of Mooee. Civil action for wrongful death. 1. Mae Gallatin Eby, a citizen of Dauphin County, Pa., died in Moore County, N. C., 24 February, 1942, when the Sand Hill Hotel at Aberdeen, N. C., owned by defendant, Faulk Carter, was burned.
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Appeal by plaintiff from Sinic, J., at May Term, 1945, of Mooee. Civil action for wrongful death. 1. Mae Gallatin Eby, a citizen of Dauphin County, Pa., died in Moore County, N. C., 24 February, 1942, when the Sand Hill Hotel at Aberdeen, N. C., owned by defendant, Faulk Carter, was burned. The deceased was a guest of the hotel at the time of her death, and plaintiff alleges that her death was caused by the negligence of the defendant. 2. On 22 January, 1943, Howard E. Harrison, a citizen of Moore County, N. C.,- was duly appointed administrator of the estate of Mae Gallatin Eby, by the clerk…
1Opinion of the CourtDenny, J.
Tbe sole question for our determination on tbis appeal is whether or not Howard R. Harrison, administrator c. t. a., d. b. n., of Mae Gallatin Eby, deceased, has tbe legal right to be made tbe plaintiff in tbis action and to prosecute tbe same.
Tbis identical question does not seem to have been passed upon heretofore by tbis Court. Nevertheless we think tbe court below did err in signing tbe judgment denying tbe motion of Howard R. Harrison, administrator c. i. a., d. b. n., of Mae Gallatin Eby, deceased, to be substituted as plaintiff in tbe action.
Tbis action, for tbe wrongful death of Mae…
2Cases cited31 opinions
- Reynolds v. Lloyd Cotton MillsSupreme Court of North Carolina · 1919
- Bennett v. North Carolina RailroadSupreme Court of North Carolina · 1911
- Merrill v. . MerrillSupreme Court of North Carolina · 1885
- Best v. . Town of KinstonSupreme Court of North Carolina · 1890
- State Ex Rel. Clendenin v. TurnerSupreme Court of North Carolina · 1887
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- Bowling v. CombsCourt of Appeals of North Carolina · 1983
- In re Smith's EstateTennessee Supreme Court · 1950
- In Re BaneSupreme Court of North Carolina · 1958
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