Baker v. Raleigh & Gaston Railroad
Supreme Court of North Carolina
Civil Action, tried at Spring Term, 1884,' of Nash Superior Court, before Shepherd, J. The plaintiff, as administrator of Duffin Perry, brings this ■action under the act of April 6th, 1869, against the defendant company for the recovery of damages for causing the death of his intestate, a passenger on one of its cars, by reason of the negligent running and mismanagement of its trains in charge and under control of its officers arid employees.
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Civil Action, tried at Spring Term, 1884,' of Nash Superior Court, before Shepherd, J. The plaintiff, as administrator of Duffin Perry, brings this ■action under the act of April 6th, 1869, against the defendant company for the recovery of damages for causing the death of his intestate, a passenger on one of its cars, by reason of the negligent running and mismanagement of its trains in charge and under control of its officers arid employees. The defendant in its answer denies the imputed negligent running of its trains, declares that the intestate’s own negligence contributed to his injur)'-…
1Opinion of the Court
Smith. C. J.,
after stating the case. The statute .which authorises the action to be brought by the personal representative of the deceased declares and directs that the amount recovered in such action is not liable to be applied as assets in the payment of debts or legacies, but shall be disposed of as provided in this act for the distribution of personal property in case of intestacy. The Code, cb. 33, § 1500.
The administrator thus occupies the place of trustee, for a special purpose, of such fund as he may obtain by the suit, holding it when recovered solely for the use of those who are…
2Cases cited2 opinions
- Outlaw v. . FarmerSupreme Court of North Carolina · 1874
- McNeill v. . HodgesSupreme Court of North Carolina · 1880
3Cited by23 opinions
- In Re the Estate of IvesSupreme Court of North Carolina · 1958
- Tieffenbrun v. . FlannerySupreme Court of North Carolina · 1930
- Tieffenbrun v. FlannerySupreme Court of North Carolina · 1930
- Causey v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1914
- Broadnax v. . BroadnaxSupreme Court of North Carolina · 1912
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