Kinlaw v. NORFOLK SOUTHERN RAILWAY COMPANY

The allegation in the complaint that the plaintiff is the duly qualified and acting administratrix of the deceased is denied in the answer and the record does not disclose any evidence that she was so appointed. Nothing else appearing, the judgment of non-suit would have been proper on this ground. Graves v. Welborn, 260 N.C. 688, 133 S.E. 2d 761; Carr v. Lee, 249 N.C. 712, 107 S.E. 2d 544. However, the agreed statement of the case on appeal states, “This is a civil action instituted by Annie P. Kinlaw, Administra-trix of the Estate of Herman Floyd Kinlaw, deceased.” We infer from this that…