Legal Opinion

Smith v. Mercer

Supreme Court of North Carolina

Decided March 11, 1970No. 2PublishedCited by 32 opinions

1Opinion of the CourtBobbitt, C.J.

Plaintiff’s intestate was killed on March 16, 1968. Chapter 215, Session Laws of 1969, entitled “AN ACT TO REWRITE G.S. 28-174, RELATING TO DAMAGES RECOVERABLE FOR DEATH BY WRONGFUL ACT,” was ratified April 14, 1969. This action was instituted on July 3, 1969.

G.S. 28-173 confers upon an administrator the right of action to recover for the wrongful death of his intestate. G.S. 28-174 relates to the basis on which the amount of damages recoverable is to be determined. With reference to the origin and import of these statutes, see Lamm v. Lorbacher, 235 N.C. 728, 71 S.E. 2d 49; Armentrout v.…

2Cases cited24 opinions

  1. Lewis v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1908
  2. Ashley v. . BrownSupreme Court of North Carolina · 1930
  3. Davenport v. . PatrickSupreme Court of North Carolina · 1947
  4. Regan v. DavisSupreme Court of Pennsylvania · 1927
  5. Minty v. Board of State AuditorsMichigan Supreme Court · 1953

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3Cited by32 opinions

  1. Bernick v. JurdenSupreme Court of North Carolina · 1982
  2. Bolick v. American Barmag Corp.Supreme Court of North Carolina · 1982
  3. Cameron v. New Hanover Memorial Hospital, Inc.Court of Appeals of North Carolina · 1982
  4. Bowen v. CONSTRUCTORS EQUIPMENT RENTAL COMPANYSupreme Court of North Carolina · 1973
  5. Gardner v. GardnerSupreme Court of North Carolina · 1980

27 more not listed; retrieve them via the Exa API.

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