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SMITH v. MERCER

No. 2.

172 S.E.2d 489 (1970)

276 N.C. 329

Gene C. SMITH, Ancillary Administrator of the Estate of Carol Marie Cupic v. Alfred MERCER, James Loys Keown, Kriebel's, Inc. and Charles Rudolph Kriebel, Jr., Administrator C. T. A. of the Estate of Charles Rudolph Kriebel.

Supreme Court of North Carolina.

March 11, 1970.

Attorney(s) appearing for the Case

Yarborough, Blanchard, Tucker & Denson, Raleigh, for plaintiff appellant.

Dupree, Weaver, Horton, Cockman & Alvis, by F. T. Dupree, Jr., and John E. Aldridge, Jr., Raleigh, for defendant appellees Kriebel.

BOBBITT, Chief Justice.

Plaintiff's intestate was killed on March 16, 1968. Chapter 215, Session Laws of 1969, entitled "AN ACT TO REWRITE G.S. 28-174, RELATING TO DAMAGES RECOVERABLE FOR DEATH BY WRONGFUL ACT," was ratified April 14, 1969. This action was instituted on July 3, 1969.

G.S. § 28-173 confers upon an administrator the right of action to recover for the wrongful death of his intestate. G.S. § 28-174 relates to the basis on which the amount...

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