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KENDRICK v. CAIN

No. 614.

159 S.E.2d 33 (1968)

272 N.C. 719

Odis Fletcher KENDRICK, Administrator of the Estate of Jimmy Ray Kendrick v. Glenn Winfred CAIN and George E. Haddock.

Supreme Court of North Carolina.

February 2, 1968.

Attorney(s) appearing for the Case

John Randolph Ingram, Asheboro, for plaintiff-appellant.

Jordan, Wright, Henson & Nichols, Greensboro, for defendants-appellees.

BRANCH, Justice.

Plaintiff's action is brought under the wrongful death statute, G.S. § 28-173, et seq., against defendants as joint tort-feasors.

Appellee Cain contends that plaintiff can have only one recovery and that when plaintiff accepted the full amount of the judgment entered against defendant Haddock, plaintiff's appeal became moot. The statute (G.S. § 28-173 et seq.) contemplates only one cause of action, and when the action is brought...

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