Capps v. Smith

Plaintiff, alleging that her intestate’s death was caused by the joint and concurring negligence of defendant Smith and M. D.. Capps, originally sued Smith and Capps’ administrator. Although the allegations of Capps’ negligence remain in the complaint, his administrator had been eliminated from the case when it reached us. The administrator of an unemancipated minor child killed by the negligence of his parent has no cause of action against the parent for the wrongful death of his intestate. Lewis v. Insurance Co., 243 N.C. 55, 89 S.E. 2d 788; Goldsmith v. Samet, 201 N.C. 574, 160 S.E. 835.

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