Johnson v. Atlantic Coast Line Railroad

Stukes, Chief Justice.

This action for damages for the alleged wrongful death of plaintiff’s intestate-husband was commenced on March 24, 1947. It was brought for the benefit of plaintiff-widow and her and decedent’s children. Defendants answered in due time and alleged, inter alia, that plaintiff was not the qualified administratrix of the estate of the decedent and was without capacity to bring the action as administratrix.

There is no explanation of the long intervening lapse of time but at the May 1955 term of court plaintiff’s attorney moved for an order of voluntary nonsuit without…