Skinner v. Whitley

HUSKINS, Justice.

May the administrator of an unemancipated minor child bring an action against the administrator of its father for damages for the wrongful death of such child caused by the ordinary negligence of the deceased father? Answer to this question determines this appeal.

A right of action for wrongful death did not exist at common law. Broadnax v. Broadnax, 160 N.C. 432, 76 S.E. 216 (1912). In North Carolina such right of action is conferred by statute and exists only by virtue of G.S. 28-173 and G.S. 28-174. Horney v. Pool Co., 267 N.C. 521, 148 S.E. 2d 554 (1966); Graves v.…