In Re the Estate of Miles

In North Carolina a right of action to recover damages for wrongful death is given by G.S. 28-173 and 28-174, and in this jurisdiction the action for wrongful death exists only by virtue of these statutes. In re Estate of Ives, 248 N.C. 176, 102 S.E. 2d 807. By the specific language of G.S. 28-173, when 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, and the person that would have been so liable dies, or is killed at the same time as here, then the action for…