SKINNER v. WHITLEY

No. 97.

189 S.E.2d 230 (1972)

281 N.C. 476

Bobby L. SKINNER, Administrator of the Estates of Beverly Kay Skinner, Deceased, and Sandra Gail Skinner, Deceased, v. John L. WHITLEY, Administrator of the Estate of Clyde Wesley Skinner, Deceased.

Supreme Court of North Carolina.

June 16, 1972.


Attorney(s) appearing for the Case

Narron, Holdford & Babb, by Henry C. Babb, Jr., Wilson, for plaintiff appellant.

Lucas, Rand, Rose, Meyer, Jones & Orcutt, by Louis B. Meyer, Wilson, for defendant appellee.


HUSKINS, Justice:

May the administrator of an unemancipated minor child bring an action against the administrator of its father for damages for the wrongful death of such child caused by the ordinary negligence of the deceased father? Answer to this question determines this appeal.

A right of action for wrongful death did not exist at common law. Broadnax v. Broadnax, 160 N.C. 432, 76 S.E. 216 (1912). In North Carolina such right of action is conferred by...

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