Jeremiah M. Kesler v. . William A. Smith
Supreme Court of North Carolina
This was an action of trespass, vi et armis, commenced under the old system under the provisions of chap. 1, sections 9,10, 11 of the Rev. Code, brought by the plaintiff as the administrator upon the estate of one Henry C. Utley, for the unlawful killing, by defendant, of his intestate, and was tried at July Special Term 1871, of Cabarrus Superior Court, before Hiá Honor, Judge Moore, and a jury.
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This was an action of trespass, vi et armis, commenced under the old system under the provisions of chap. 1, sections 9,10, 11 of the Rev. Code, brought by the plaintiff as the administrator upon the estate of one Henry C. Utley, for the unlawful killing, by defendant, of his intestate, and was tried at July Special Term 1871, of Cabarrus Superior Court, before Hiá Honor, Judge Moore, and a jury. The defendant in open Court, admitted the unlawful killing, and the sole point at issue and tried, was, the question of damages. Many questions were raised, but those, only, are noticed upon which…
1Opinion of the CourtReads, J.
The statute upon which this action is founded, is as follows:
“9. Whenever the death of a person shall be caused by the wrongful act of another person, and the wrongful act is such as would have entitled the party injured to maintain an action, and recover damages in respect thereof, if death had not ensued, then and in every such case, the person who would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances, as amount in law, to felony.
10.…
2Cited by43 opinions
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