BURTON v. CROGHAN

No. 205.

144 S.E.2d 147 (1965)

265 N.C. 392

James Edward BURTON, Administrator of the Estate of Lyda Ann Burton, v. Edward James CROGHAN and Bernard Austin.

Supreme Court of North Carolina.

September 29, 1965.


Attorney(s) appearing for the Case

Charles L. Abernethy, Jr., New Bern, for plaintiff appellant.

E. W. Summersill, Ellis, Hooper, Warlick & Waters, Jacksonville, for defendant appellees.


PER CURIAM.

A careful examination of the judge's charge reveals no error prejudicial to plaintiff. Indeed, the charge was more favorable to appellant than the law allows. The judge instructed the jury that the funeral bill of $895.00 was "an item to be taken into consideration" if it reached the issue of damages. G.S. § 28-173 permits the amount recovered in an action for wrongful death to be applied to the payment of the burial expenses of the deceased, but...

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