Legal Opinion

In Re Badgett

Supreme Court of North Carolina

Decided January 31, 1946PublishedCited by 8 opinions

Appeal by tlie administratrix from Nettles, J., at September Term, 1945, of Eoesyth. Special proceedings to require Mrs. E. T. Badgett, administratrix of the estate of Elmer Tbomas Badgett, deceased, to distribute certain funds in her bands, according to the North Carolina laws of intestacy.

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Appeal by tlie administratrix from Nettles, J., at September Term, 1945, of Eoesyth. Special proceedings to require Mrs. E. T. Badgett, administratrix of the estate of Elmer Tbomas Badgett, deceased, to distribute certain funds in her bands, according to the North Carolina laws of intestacy. The deceased, a resident of Forsyth County, was killed on 2 March, 1944, by a train of the Southern Railway Company, while in the performance of his duties as an employee and while employer and employee were engaged in interstate commerce, within the meaning and intent of the Federal Employers’ Liability…

1Opinion of the CourtDenny, J.

The sole question to be determined is whether the net proceeds received for the wrongful death of Elmer Thomas Badgett, while engaged in interstate commerce, shall be apportioned according to our statute of distribution. The answer must be in the affirmative. In re Stone, 173 N. C., 208, 97 S. E., 216.

The appellant contends that since the recovery was based upon the provisions of the Federal Employers’ Liability Act, the proceeds must be apportioned among the beneficiaries of the deceased according to the pecuniary loss each has sustained. We think the overwhelming weight of authority is to…

2Cases cited16 opinions

  1. Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
  2. Gulf, Colorado & Santa Fe Railway Co. v. McGinnisSupreme Court of the United States · 1913
  3. Kansas City Southern Railway Co. v. LeslieSupreme Court of the United States · 1915
  4. Wilson v. . MassageeSupreme Court of North Carolina · 1944
  5. Wilson v. MassageeSupreme Court of North Carolina · 1944

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3Cited by8 opinions

  1. Anderson v. SAM AIRLINESDistrict Court, E.D. New York · 1996
  2. Holmes, Administrator v. PriceSupreme Court of Kansas · 1960
  3. In re Smith's EstateTennessee Supreme Court · 1950
  4. Farr v. SchoenemanMissouri Court of Appeals · 1985
  5. Knox Williams, Administrator Ad Litem of the Estate of W. G. Snyder, Deceased v. The Louisville & Nashville Railroad CompanyCourt of Appeals for the Sixth Circuit · 1967

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

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