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FIRST UNION NAT.BANK OF CAROLINA v. HACKNEY

No. 277.

145 S.E.2d 352 (1965)

266 N.C. 17

FIRST UNION NATIONAL BANK OF NORTH CAROLINA, Administrator c. t. a., d. b. n., of the Estate of Susan Borden Umphlett, Deceased, v. John N. HACKNEY, Executor of the Estate and Last Will and Testament of W. W. Umphlett, Jr.

Supreme Court of North Carolina.

December 15, 1965.

Attorney(s) appearing for the Case

Gardner, Connor & Lee, Wilson, for plaintiff appellee.

Battle, Winslow, Merrell, Scott & Wiley, Rocky Mount, for defendant appellant.

BOBBITT, Justice.

Our wrongful death statute, G.S. § 28-173, in pertinent part provides: "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, the person or corporation that would have been so liable, and his or their executors, administrators, collectors or successors shall be liable to an action for damages, to be brought...

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