Davis v. Norfolk Southern Railroad

Stacy, C. J.,

after stating the case: As suit was not brought against H. A. Lewis within one year after the death of plaintiff’s intestate, the demurrer interposed by him was properly sustained. Tieffenbrun v. Flannery, 198 N. C., 397, 151 S. E., 857. An action for wrongful death, brought under C. S., 160, is required to be instituted against the person or corporation liable therefor within one year after such death. Bennett v. R. R., 159 N. C., 345, 74 S. E., 883.

That an action was brought against the Norfolk Southern Railroad Company within the time prescribed, and judgment of voluntary…