Killian v. Southern Railway Co.
Supreme Court of North Carolina
ActioN by H. C. Killian against the Southern Eailway Company, beard by Judge W. B. Council, at November Term, 1900, of Superior Court of Catawba County. From a judgment of nonsuit, the plaintiff appealed.
1Opinion of the CourtClare, J.
This is an action by a father for the negligent killing of his son. Upon the evidence the plaintiff was nonsuited and appealed, but in this Court the defendant interposed a preliminary plea ore tenus to dismiss the action because the complaint does not state facts sufficient to constitute a cause of action. Rule 27 of this Court; Manning v. Railroad, 122 N. C., 825.
The Code, section 1498, provides that whenever “the death of a person is caused by a wrongful act, neglect or default of another,” an action therefor may be brought by “the executor, administrator or collector of the decedent.”…
2Cases cited7 opinions
- Hyatt v. AdamsMichigan Supreme Court · 1867
- Russell v. Windsor Steamboat Co.Supreme Court of North Carolina · 1900
- Best v. . Town of KinstonSupreme Court of North Carolina · 1890
- Carey v. Berkshire RailroadMassachusetts Supreme Judicial Court · 1848
- Howell v. Board of CommissionersSupreme Court of North Carolina · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Hinnant v. Tidewater Power Co.Supreme Court of North Carolina · 1925
- Gay v. ThompsonSupreme Court of North Carolina · 1966
- Brown v. Southern Railway Co.Supreme Court of North Carolina · 1932
- Burcl v. North Carolina Baptist Hospital, Inc.Supreme Court of North Carolina · 1982
- Wilson v. . MassageeSupreme Court of North Carolina · 1944
32 more not listed; retrieve them via the Exa API.