Legal Opinion

Harper v. Commissioners of Nash County

Supreme Court of North Carolina

Decided November 1, 1898PublishedCited by 4 opinions

Civil actios heard before Bryan, J., at Spring Term, 1898, of Nash Superior Court to recover damages for personal injuries received by him from the breaking down of a County Bridge, on demurrer. Demurrers filed and sustained. Plaintiff appealed; pending the appeal plaintiff died. Motion to make his administrator party plaintiff. Motion denied. The Code, Section 1491.

1Opinion of the Court

Douglas, J.:

The plaintiff brought bis action on the 17th day of August, 1897, to recover damages for personal injuries received by him from the breaking down of a County bridge. The defendants severally demurred to the complaint, which demurrers were sustained by a judgment of the Superior Court rendered on the 2nd day of May, 1898. The plaintiff appealed, and has since died. His administrator now asks to be made a party plaintiff and to be permitted to maintain the action.

This motion must be denied, as the cause of action does not survive the death of the plaintiff and therefore the action…

2Cases cited1 opinion

  1. Hannah v. Richmond & Danville RailroadSupreme Court of North Carolina · 1882

3Cited by4 opinions

  1. Morton v. Western Union Telegraph Co.Supreme Court of North Carolina · 1902
  2. Bolick v. RailroadSupreme Court of North Carolina · 1905
  3. Strauss v. City of Wilmington.Supreme Court of North Carolina · 1901
  4. Watts v. . VanderbiltSupreme Court of North Carolina · 1914

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