Gay v. Thompson

The sole question for decision in this case is whether there is a right of action under our wrongful death statute, G.S. 28-173, 174, by the administrator of a stillborn child who died as a proximate result of tortious injuries to his mother and himself while en ventre sa mere, when the child was viable at the time of the injuries. This is a case of novel impression in this State.

The common law, adopted as the law of our State, G.S. 4-1, gave no right of action for the tortious killing of a human being. Armentrout v. Hughes, 247 N.C. 631, 101 S.E. 2d 793, 69 A.L.R. 2d 620; Hinnant v. Power…