Howell v. Board of Commissioners
Supreme Court of North Carolina
This was a civil action brought by the plaintiff, the widow of Zel) Howell, in her individual capacity, and not as the personal representative of her deceased husband, against the Board of Commissioners of Yancey County, to recover damages for the death of her husband, occasioned by the alleged negligence of the defendants in permitting the comity jail to become unclean and unhealthy, thus causing the death of her husband, and heard before Norwood, J., at Fall Term, 1896, of…
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This was a civil action brought by the plaintiff, the widow of Zel) Howell, in her individual capacity, and not as the personal representative of her deceased husband, against the Board of Commissioners of Yancey County, to recover damages for the death of her husband, occasioned by the alleged negligence of the defendants in permitting the comity jail to become unclean and unhealthy, thus causing the death of her husband, and heard before Norwood, J., at Fall Term, 1896, of Yancey Superior Court, on complaint and demurrer. The demurrer was overruled and defendants appealed.
1Opinion of the Court
Faircloth, C. J.:
Plaintiff alleges that she is the widow of Z. B. Howell, deceased, who, she alleges, died by reason of defendants’ negligence in allowing the County jail to be and remain in an unhealthy condition during her husband’s confinement therein. Plaintiff does not sue as the executrix, administratrix or collector of her husband, but sues in her own right, as the widow of deceased, and defendants demur on that ground. At common law the injured party alone could maintain an action for damages, and in case of death from the injury, the right of action did not survive to any one. By…
2Cases cited1 opinion
- Best v. . Town of KinstonSupreme Court of North Carolina · 1890
3Cited by11 opinions
- Graves v. WelbornSupreme Court of North Carolina · 1963
- Brown v. Southern Railway Co.Supreme Court of North Carolina · 1932
- Killian v. Southern Railway Co.Supreme Court of North Carolina · 1901
- Bennett v. North Carolina RailroadSupreme Court of North Carolina · 1911
- Journigan v. Little River Ice Co.Supreme Court of North Carolina · 1951
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