Legal Opinion

Hoke v. Atlantic Greyhound Corp.

Supreme Court of North Carolina

Decided May 8, 1946PublishedCited by 32 opinions

Appeal by plaintiff from Hamilton-, Special Judge, at February Extra Term, 1946, of MeckleNbukg. Civil action to recover damages resulting from alleged actionable negligence of defendants.

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Appeal by plaintiff from Hamilton-, Special Judge, at February Extra Term, 1946, of MeckleNbukg. Civil action to recover damages resulting from alleged actionable negligence of defendants. Tbe plaintiff, in bis complaint, sets forth three separate causes of action allegedly proximately resulting from the same acts of negligence of defendants: The first cause of action is to recover damages for wrongful death of intestate; the second, to recover damages for pain and suffering sustained by intestate during thirty-one days between date of her injury and date of her death;- and the third, to…

1Opinion of the CourtWiNBORNE, J.

This appeal presents for decision this basic question: Where a person is injured by the negligence of another, and, after time has elapsed, dies as a result of such injuries, does a cause of action for consequential damages sustained by the injured person between the date of the injury and the date of his death survive to the personal representative of such deceased person?

The answer to this question depends on the legal effect the 1915 amendment, Public Laws 1915, chapter 38, hád upon the survival statutes, then sections 156 and 157 of The Revisal of 1905, now G. S., 28-172, and G. S.,…

2Cases cited6 opinions

  1. Carpenter v. Asheville Power & Light Co.Supreme Court of North Carolina · 1926
  2. Bolick v. RailroadSupreme Court of North Carolina · 1905
  3. State v. . MoonSupreme Court of North Carolina · 1919
  4. Fuquay v. A. & W. Railway Co.Supreme Court of North Carolina · 1930
  5. Nichols v. Board of CouncilmenSupreme Court of North Carolina · 1899

1 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Gay v. ThompsonSupreme Court of North Carolina · 1966
  2. Bowen v. CONSTRUCTORS EQUIPMENT RENTAL COMPANYSupreme Court of North Carolina · 1973
  3. Rice v. RigsbySupreme Court of North Carolina · 1963
  4. Smith v. MercerSupreme Court of North Carolina · 1970
  5. Barragan v. Superior Court of Pima CountyCourt of Appeals of Arizona · 1970

27 more not listed; retrieve them via the Exa API.

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