McCoy v. Atlantic Coast Line Railroad

Our version of “Lord Campbell’s Act,” G. S., 28-173, creates a cause of action for the recovery of damages for wrongful death to be brought within one year after such death by the “executor, administrator or collector of the decedent.” It is a newly created right of action: Bolick v. R. R., 138 N. C., 370, 50 S. E., 689; and the provision that the action must be brought in one year after the death is held not to be a simple statute of limitations on the institution of actions, but that it is a condition annexed to the cause of action; Trull v. R. R., 151 N. C., 545, 66 S. E., 586; Curlee v.…