First Union National Bank v. Hackney

Our wrongful death statute, G.S. 28-173, in pertinent part provides: “When the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured party had lived, have entitled him to an action for damages therefor, the person or corporation that would have been so liable, and his or their executors, administrators, collectors or successors shall be liable to an action for damages, to be brought by the executor, administrator, or collector of the decedent; . . . The amount recovered in such action is not liable to be applied as assets^ in the payment…