Watts v. . Vanderbilt
Supreme Court of North Carolina
Appeal by defendant from Webb, J., at Spring Term, 1914, of Teakt-SYLVANIA. Civil action to recover damages for personal injuries caused by alleged negligence on the part of Gr. W. Vanderbilt, heard on demurrer and motion to abate. Gr. W. Vanderbilt- having died, his executors were made parties defendant.
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Appeal by defendant from Webb, J., at Spring Term, 1914, of Teakt-SYLVANIA. Civil action to recover damages for personal injuries caused by alleged negligence on the part of Gr. W. Vanderbilt, heard on demurrer and motion to abate. Gr. W. Vanderbilt- having died, his executors were made parties defendant. Whereupon, plaintiff filed his complaint that he was injured by negligent conduct of G. W. Vanderbilt while in his employment as stone-cutter, engaged in preparing stones for a lodge of defendant in Pisgah Forest, in that he wrongfully and negligently selected inexperienced and unskillful…
1Opinion of the CourtHoke, J.
At common law actions for personal injuries died with the person committing the wrong. Rippey v. Miller, 33 N. C., 247; Schouler on Executors (2 Ed.), sec. 370; 3 Williams on Executors, p. 228.
In Rippey’s case, Ruffin, C. J., stating the doctrine, said: “An action for tort was lost at common law by the death of either party, the injured or the injurer, upon the maxim, actio personalis moritur cum persona.”
This being the recognized principle, the question presented by the appeal is whether, under our legislation on the subject, the right of action will survive as against the executors of the…
2Cases cited7 opinions
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- Morton v. Western Union Telegraph Co.Supreme Court of North Carolina · 1902
- Bolick v. RailroadSupreme Court of North Carolina · 1905
- Strauss v. City of Wilmington.Supreme Court of North Carolina · 1901
- Rippey v. . MillerSupreme Court of North Carolina · 1850
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Edwards v. Interstate Chemical Co.Supreme Court of North Carolina · 1916
- Rankin v. OatesSupreme Court of North Carolina · 1922