Lewis v. FARM BUREAU MUTUAL AUTOMOBILE INSURANCE COMPANY

Under G.S. 28-173, Death by Wrongful Act, the personal representative of the deceased has a right of action only when the death of his intestate “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.” See: Cowgill v. Boock, 189 Or. 282, 218 P. 2d 445, 19 A.L.R. 2d 405, headnote 3, construing a similar provision in the statute for Wrongful Death in Oregon. The right of action for wrongful death is based upon this statute, and must be asserted in conformity therewith. Webb v. Eggleston,…