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LEWIS v. FARM BUREAU MUTUAL AUTOMOBILE INSURANCE COMPANY

No. 314.

89 S.E.2d 788 (1955)

243 N.C. 55

J. B. LEWIS, Administrator of the Estate of William Isaac Lewis, deceased, v. FARM BUREAU MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation, and Thomas Gilliam.

Supreme Court of North Carolina.

November 2, 1955.

Attorney(s) appearing for the Case

Whitaker & Jeffress, Kinston, for defendants, appellants.

Jones, Reed & Griffin, Kinston, for plaintiff, appellee.

PARKER, Justice.

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...

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