Cardwell v. Welch

PARKER, Judge.

In Gay v. Thompson, 266 N.C. 394, 146 S.E. 2d 425 (1966), which involved an action such as the present one, our Supreme Court held that the defendant’s demurrer to the complaint should have been sustained and the action dismissed on the ground that in such case there can be no evidence from which to infer “pecuniary injury resulting from” the death. At the time that case was decided G.S. 28-174 limited the plaintiff’s recovery in a wrongful death action to “such damages as are fair and just compensation for the pecuniary injury resulting from such death.” In basing its decision…