Gray v. Little.
Supreme Court of North Carolina
Civil AgtioN by John Gray, administrator of the estate of Katie Gray, against H. McD. Little, heard by A. L. Coble and a jury, at August Term, 1900, of ALEXANDER Superior Court. From judgment for plaintiff, the defendant appealed.
1Opinion of the CourtClaRK, J.
This is an action by plaintiff, as administrator of his wife, for damages by reason of the death of his intestate, caused by the malpractice of the attending physician, the defendant. The exception for submitting an issue as to punitive damages, the admission of evidence to prove the same, and the instruction thereon, must be sustained Code, secs. 1498, 1499 (originally Laws 1868-’69, c. 113, seos. YO, Yl), which, conferred the right to recover in such cases, restrict the recovery to compensatory damages. The statute is explicit and unambiguous, and it has been uniformly held that only…
2Cases cited3 opinions
- Benton v. . CollinsSupreme Court of North Carolina · 1899
- State v. . SmallwoodSupreme Court of North Carolina · 1878
- Gray v. . LittleSupreme Court of North Carolina · 1900
3Cited by4 opinions
- Armentrout v. HughesSupreme Court of North Carolina · 1958
- Hyatt v. . McCoySupreme Court of North Carolina · 1927
- Martin v. CurrieSupreme Court of North Carolina · 1949
- Armentrout v. HughesSupreme Court of North Carolina · 1958