Edwards v. Interstate Chemical Co.
Supreme Court of North Carolina
Appeal by plaintiff from Webb, J., at September Term, 1915, of MeCKLENBTTRG. Civil action to recover damages for death of intestate, caused by alleged negligence of defendant company.
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Appeal by plaintiff from Webb, J., at September Term, 1915, of MeCKLENBTTRG. Civil action to recover damages for death of intestate, caused by alleged negligence of defendant company. Tbe facts relevant to tbe inquiry are sufficiently embodied in tbe judgment of bis Honor overruling tbe demurrer, in terms as follows: “This cause coming on to be beard before bis Honor, James L. Webb, judge presiding at said September Term, 1915, of tbe Mecklenburg Superior Court, and being beard upon tbe complaint filed by tbe plaintiff, tbe answer filed by tbe defendant, and tbe demurrer filed by tbe…
1Dissent
ClaRk, O. J.,
dissenting: As said in Bolick v. R. R., 138 N. C., 370, “A cause for damages by wrongful death cannot accrue until tbe death,” and it was held that, therefore, it could not be set up by amendment to an action which bad been instituted by tbe deceased himself for injuries which subsequently resulted in bis death. It would surely follow from tbis that they are, so to speak, independent causes of action, and that a recovery for or tbe compromise of a cause of action for personal injuries by tbe deceased could not possibly bar an action for bis wrongful death, which could only accrue…
2Cases cited12 opinions
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Stewart v. United Electric Light & Power Co.Court of Appeals of Maryland · 1906
- Southern Bell Telephone & Telegraph Co. v. CassinSupreme Court of Georgia · 1900
- Killian v. Southern Railway Co.Supreme Court of North Carolina · 1901
- Causey v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1914
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