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COX v. SHAW

No. 526.

139 S.E.2d 676 (1965)

263 N.C. 361

Ray COX, Administrator of the Estate of Lillie Cox Burgess, deceased v. Frances Lackey SHAW, Paul R. Burgess, and Barbara Burgess, Administratrix of the Estate of Paul D. Burgess, deceased.

Supreme Court of North Carolina.

January 15, 1965.

Attorney(s) appearing for the Case

Coltrane & Gavin, Asheboro, for plaintiff.

Miller & Beck, Asheboro, for defendant.

SHARP, Justice.

This appeal presents two questions: (1) May the administrator of a mother sue the estate of her unemancipated minor son for damages for her wrongful death caused by the son's negligence? (2) If not, may the wife-mother's administrator maintain the action against the surviving husbandfather, under the principle of respondeat superior, for son's negligence?

At common law an unemancipated minor...

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