Croom v. . Murphy
Supreme Court of North Carolina
■ Appeal by plaintiff from Allen, J., at tbe September Term, 1920, of New HaNovee. Tbis is an appeal from a judgment sustaining a demurrer to tbe complaint and dismissing tbe action. Tbe plaintiffs are parents of Mildred Groom, who, as alleged in the complaint, “died suddenly on an operating table,” while undergoing an operation by tbe defendant, a physician and surgeon.
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■ Appeal by plaintiff from Allen, J., at tbe September Term, 1920, of New HaNovee. Tbis is an appeal from a judgment sustaining a demurrer to tbe complaint and dismissing tbe action. Tbe plaintiffs are parents of Mildred Groom, who, as alleged in the complaint, “died suddenly on an operating table,” while undergoing an operation by tbe defendant, a physician and surgeon. It is alleged that in performing tbe operation tbe defendant was assisted by a nurse, who administered ether, and tbe allegations of negligence qnd damages are as follows: . • 8. That tbe death of tbe said Mildred Groom was…
1Opinion of the CourtAllen, J.
The cause of action is the wrongful death of Mildred Groom, and the allegation of mental anguish is only important upon the issue of damages, and the authorities in this country and in England are practically uniform that the action cannot be maintained.
“At common law the right of action for an injury to the person abates upon the death of the party injured, the case falling within the familiar rule, ‘actio personalis moritur cum persona.’ Hence, where death results, whether instantaneously or not, from such an injury, no action can be maintained by the personal representatives of the party…
2Cases cited4 opinions
- Davis v. . R. R.Supreme Court of North Carolina · 1904
- Killian v. Southern Railway Co.Supreme Court of North Carolina · 1901
- Bailey v. . LongSupreme Court of North Carolina · 1916
- Bailey v. . LongSupreme Court of North Carolina · 1917
3Cited by8 opinions
- Foyle Ex Rel. McMillan v. Lederle LaboratoriesDistrict Court, E.D. North Carolina · 1987
- White v. . Comrs. of JohnstonSupreme Court of North Carolina · 1940
- Craig v. Suncrest Lumber Co.Supreme Court of North Carolina · 1925
- Cauble v. Southern Express Co.Supreme Court of North Carolina · 1921
- Caldwell v. AbernethySupreme Court of North Carolina · 1950
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