Fetty v. Carroll

Hatcher, Judge :

This certificate presents the question, may a valid settlement with the sole distributees of a decedent for his wrongful death be introduced in defense of the tort-feasor in an action of trespass on the case against him by decedent’s administrator to recover damages for such death? The question arises on a bill of the tort-feasor to enjoin the law action. The trial court answered the question in the negative.

Under Code, 55-7-6, an action for wrongful death is for the exclusive benefit of the decedent’s next of kin; and while the decedent’s administrator alone may sue, his…