Avery v. . Brantley

The plaintiff, Leslie Avery and his wife, Ada T. Avery, (now Ada T. Brantley) had one child, Edna Earle Avery, who, when about four years old, on 13 August, 1923, was wrongfully and negligently killed by the Benevolent Protective Order of Elks Lodge No. 764, New Bern, N. C. Her mother, Ada T. Avery (now Brantley) qualified as administratrix and brought suit against the Elks Lodge and recovered $2,000. The plaintiff claims, as the father of the child, one-half of the recovery. The only question for our determination — is he entitled to it? We are of the opinion that he is, and the exceptions…