Davis v. . R. R.

This is an action under The Code, sec. 1498, by the plaintiff, as administrator of his infant son, two and a half years old, who having wandered off without the knowledge of his parents was injured on the track of the defendant by its train so that the child died, and the plaintiff alleges this was by the negligence of the defendant.

The defendant, among other exceptions, excepted to a refusal to nonsuit at the close of the evidence, and asks us to overrule Russell v. SteamboatCo., 126 N.C. 961, in which it was held that "an action may be maintained by the administrator under The Code, sec.…