Goldsmith v. . Samet

Stacy, 0. J.

It was held in Small v. Morrison, 185 N. C., 577, 118 S. E., 12, that an unemancipated, minor child, living in the household of its parents, could not maintain an action in tort against its parents or either of them, upon the ground that no such action was known at the common law and none had been authorized by statute.

The policy of the law was not changed in this respect by C. S., 160, for there the right of action for death by wrongful act is limited to “such as would, if the injured party had lived, have entitled him to an action for damages therefor.” Moreover, the amount…