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JOHNSON v. WACHOVIA BANK & TRUST CO.

No. 7418SC244.

205 S.E.2d 353 (1974)

22 N.C. App. 8

Doris Overman JOHNSON, Administratrix of the Estate of Jack Johnson, Deceased v. WACHOVIA BANK & TRUST CO., Executor of the Estate of Raiford D. Baxley, Deceased.

Court of Appeals of North Carolina.

June 5, 1974.

Attorney(s) appearing for the Case

Edwards, Greeson & Toumaras by Harold F. Greeson, Greensboro, for plaintiff-appellant.

Henson, Donahue & Elrod by Joseph E. Elrod, III, Greensboro, for defendant-appellee.

CAMPBELL, Judge.

G.S. § 28-173 provides in pertinent part:

"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 by the executor, administrator...

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