Legal Opinion

Neill v. . Wilson

Supreme Court of North Carolina

Decided December 4, 1907PublishedCited by 14 opinions

CoNTR.0VERST without action, regularly submitted, and determined, before Ward, Jat May Term, 1907, of the Superior Court of GastoN County.

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CoNTR.0VERST without action, regularly submitted, and determined, before Ward, Jat May Term, 1907, of the Superior Court of GastoN County. From the facts agreed upon, it appears that defendant’s intestate, Eobert Q. Wilson, died on 10 September, 1904, leaving surviving him, as next of kin and distributees under tbe law, bis mother and several brothers and sisters, among tbe last Mrs. Elizabeth Quinn, wife of J. R. Quinn; that defendant E. G. Wilson was qualified as administrator of intestate on 15 September, 1904. Mrs. Elizabeth Quinn died on 30 September, 1904, and on 24 October, 1904, her…

1Opinion of the Court

TIoke, J.,

after stating the case: Our statute addressed to this question (Nevisal, sec. 59) enacts as follows: “Whenever 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 within one year after such death, by the executor, administrator or collector of the decedent; and this…

2Cases cited2 opinions

  1. Rose v. ClarkNew York Court of Chancery · 1841
  2. Baker v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1884

3Cited by14 opinions

  1. Van Beeck v. Sabine Towing Co.Supreme Court of the United States · 1937
  2. Bowen v. CONSTRUCTORS EQUIPMENT RENTAL COMPANYSupreme Court of North Carolina · 1973
  3. Davenport v. . PatrickSupreme Court of North Carolina · 1947
  4. Hall v. Southern R. R. Co.Supreme Court of North Carolina · 1908
  5. In Re the Estate of MilesSupreme Court of North Carolina · 1964

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