Kendrick v. Cain

Plaintiff’s action is brought under the wrongful death statute, G.S. 28-173, et seq., against defendants as joint tort-feasors.

Appellee Cain contends that plaintiff can have only one recovery and that when plaintiff accepted the full amount of the judgment entered against defendant Haddock, plaintiff’s appeal became moot. The statute (G.S. 28-173, et seq.) contemplates only one cause of action, and when the action is brought by the personal representative, the judgment is 'conclusive on other persons, and the right given by the statute is exhausted. 16 Am. Jur., Death, § 161, p. 103.

Clearly,…