In Re Stone
Supreme Court of North Carolina
Appeal by respondent guardian from Bond, J., at October Term, 1916, of "WaKE. Tbis proceeding was begun before tbe clerk, whose decision was affirmed in tbe Superior Court upon appeal.
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Appeal by respondent guardian from Bond, J., at October Term, 1916, of "WaKE. Tbis proceeding was begun before tbe clerk, whose decision was affirmed in tbe Superior Court upon appeal. It is admitted tbat tbe deceased was killed while employed by tbe Seaboard Air Line Railway Company in interstate commerce, and left a widow 31 years old and one son 11 years old, and tbat tbe net amount received by her as administratrix of her husband after payment of attorney’s fees was $9,750, and tbat they are both dependent and are tbe sole beneficiaries. It is agreed tbat property owned by either, if any,…
1Opinion of the CourtCl Ark, C. J.
Tbe net sum received by tbe administratrix under the compromise and settlement with tbe railroad company stands on tbe same basis as if it bad been recovered by action. The sole question presented, therefore, is whether the compensation for wrongful death of an employee while engaged in interstate commerce already ascertained and determined is, on the facts of this case, to be apportioned according to our statute of distribution.
The Federal Employers’ Liability Act provides that the action shall be brought by the personal representative of the deceased employee “for the benefit—
“(1) Of the…
2Cases cited14 opinions
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Gulf, Colorado & Santa Fe Railway Co. v. McGinnisSupreme Court of the United States · 1913
- Kansas City Southern Railway Co. v. LeslieSupreme Court of the United States · 1915
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re the Estate of IvesSupreme Court of North Carolina · 1958
- In re the Estate of UravicNew York Surrogate's Court · 1932
- Horton v. Seaboard Air Line RailroadSupreme Court of North Carolina · 1918
- Bailey v. Central Vermont Railway, Inc.Supreme Court of Vermont · 1943
- In Re BadgettSupreme Court of North Carolina · 1946
5 more not listed; retrieve them via the Exa API.