Legal Opinion

Broadnax v. . Broadnax

Supreme Court of North Carolina

Decided November 7, 1912PublishedCited by 26 opinions

Appeal by plaintiff from 0. H. Alim, J., at September Term, of FORSYTH. This is a controversy submitted without action, and the material facts are, that William Broadnax, the husband of Alice Broadnax, the plaintiff herein, was an employee at the plant of the Keynolds Tobacco Company, and while so employed, was killed. He left several children, both minors and adults, but no property, either real or personal.

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Appeal by plaintiff from 0. H. Alim, J., at September Term, of FORSYTH. This is a controversy submitted without action, and the material facts are, that William Broadnax, the husband of Alice Broadnax, the plaintiff herein, was an employee at the plant of the Keynolds Tobacco Company, and while so employed, was killed. He left several children, both minors and adults, but no property, either real or personal. Alice Broadnax qualified as his administratrix and settled any claim which she, as adminis-tratrix, had by reason of the death of her intestate, receiving as the result of said…

1Opinion of the CourtAllen, J.

At common law, there was no right of action to recover damages for wrongful death, and the right of action conferred by statute is one that did not exist before. Killian v. R. R., 128 N. C., 261; Bolick v. R. R., 138 N. C., 371.

The right of the widow to a year’s support is also purely statutory. Williams v. Jones, 95 N. C., 506.

It follows, therefore, that the determination of this controversy depends upon a construction of the two statutes.

The first was enacted in 1854 (Laws 1854-5, ch. 39), and was reenacted in the Eevised Code, ch. 1, secs. 8, 9, 10, and 11; in tbe'Laws of 1868-9, cb. 113,…

2Cases cited5 opinions

  1. Killian v. Southern Railway Co.Supreme Court of North Carolina · 1901
  2. Baker v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1884
  3. Hartness v. Pharr.Supreme Court of North Carolina · 1903
  4. Vance v. RailroadSupreme Court of North Carolina · 1905
  5. Williams v. . JonesSupreme Court of North Carolina · 1886

3Cited by26 opinions

  1. Hinnant v. Tidewater Power Co.Supreme Court of North Carolina · 1925
  2. Brown v. Southern Railway Co.Supreme Court of North Carolina · 1932
  3. In Re the Estate of IvesSupreme Court of North Carolina · 1958
  4. Overton v. OvertonSupreme Court of North Carolina · 1963
  5. Tieffenbrun v. . FlannerySupreme Court of North Carolina · 1930

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