Best v. . Town of Kinston
Supreme Court of North Carolina
This was a civil action, tried before Bynum, J., at November Term, 1889, of the Superior Court of Lenoir County. After the jury was impaneled, the plaintiff’s complaint was read and the plaintiff then admitted that the intestate of plaintiff was killed (as she alleges, by the negligence of defendant corporation) on the __ day of December, 1886; that on the 3d day of May, 1888, no administrator having been appointed, the plaintiff, who was the wife of the deceased, brought…
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This was a civil action, tried before Bynum, J., at November Term, 1889, of the Superior Court of Lenoir County. After the jury was impaneled, the plaintiff’s complaint was read and the plaintiff then admitted that the intestate of plaintiff was killed (as she alleges, by the negligence of defendant corporation) on the __ day of December, 1886; that on the 3d day of May, 1888, no administrator having been appointed, the plaintiff, who was the wife of the deceased, brought suit in her own name and filed her complaint. On the 4th day of January, 1889, plaintiff took out letters of…
1Opinion of the Court
Shepherd, J.:
This -action is brought by the administra-trix of John H. Best, deceased, to recover damages resulting from the death of her intestate, occasioned, it is alleged, by reason of the negligence of the defendant.
Such an action could not be brought at common law, and is only entertained by the Courts under the provision of The Code, § 1498, which embraces the principal features of the humane legislation known as “Lord Campbell's Act.” The period prescribed for the commencement of such an action is “one year after the death of the intestate,” and it has been decided in several States…
2Cases cited3 opinions
- Jeffersonville, Madison, & Indianapolis R. R. v. HendricksIndiana Supreme Court · 1872
- Needham v. Grand Trunk Railway Co.Supreme Court of Vermont · 1865
- Taylor v. Cranberry Iron & Coal Co.Supreme Court of North Carolina · 1886
3Cited by32 opinions
- Reynolds v. Lloyd Cotton MillsSupreme Court of North Carolina · 1919
- Rodman v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1902
- Brick Co. v. . GentrySupreme Court of North Carolina · 1926
- Trull v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1909
- Winslow v. . Carolina Conference AssociationSupreme Court of North Carolina · 1937
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