Bennett v. North Carolina Railroad
Supreme Court of North Carolina
Appeal from Lyon, J., at Spring Term, 1912, of MeckleN-burg. Civil action heard upon a motion to amend the summons. From the order of his Honor allowing the amendment by-adding the word “administratrix” after the plaintiff’s name, the defendant excepted and appealed. The facts are sufficiently stated in the opinion of the Court by Mr. Justice Brown.
1Opinion of the CourtBrown, J.
This action was commenced on 4 July, 1910, by the issuing of a summons in the individual name of Mary E. Bennett, plaintiff, v. North Carolina Railroad Company, a corporation, defendant.
The amendment made at Spring Term, 1912, converted the action into one brought by the plaintiff in her capacity as administratrix of J. A. Bennett, and it appears from the affidavit upon which the said amendment was allowed, that the purpose of amending the summons is to recover for the alleged negligent killing of one J. A. Bennett, the plaintiff’s intestate and husband. *
It is well settled that the plaintiff…
2Cases cited8 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Merrill v. . MerrillSupreme Court of North Carolina · 1885
- Best v. . Town of KinstonSupreme Court of North Carolina · 1890
- State Ex Rel. Clendenin v. TurnerSupreme Court of North Carolina · 1887
- Gulledge v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1908
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3Cited by35 opinions
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- Burcl v. North Carolina Baptist Hospital, Inc.Supreme Court of North Carolina · 1982
- Brick Co. v. . GentrySupreme Court of North Carolina · 1926
- Tieffenbrun v. . FlannerySupreme Court of North Carolina · 1930
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