Mathis v. Camp Manufacturing Co.

Any person who causes tbe wrongful death of another is liable to an action for damages to be brought by tbe personal representative of tbe deceased within one year after tbe death. C. S., 160; Davis v. R. R., 200 N. C., 345. Tbe provisions as to time is not a statute of limitation but a condition affecting tbe cause of action. Gulledge v. R. R., 148 N. C., 567. It follows, not only that tbe plaintiff must bring bis action within one year after tbe death; be must at tbe trial make proof of tbe fact. Hanie v. Penland, 193 N. C., 800; Hatch v. R. R., 183 N. C., 617; Bennett v. R. R., 159 N. C.,…