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HOPE v. PETERSON
Supreme Court of North Carolina
Oct 1, 1916
Executors and Administrators — Parent and Child — Wrongful Death — Parties.
An action to recover for the wrongful death of a son must be brought by the executor or administrator of the deceased, and not by his father.
The defendants filed a demurrer, which was overruled, and the defendants appealed.
PER CURIAM.
The defendant moves in this Court to dismiss the action because it is brought in the name of the father and not by the executor or administrator of the son, and the motion must be sustained.
The case of Killian v. R. R., 128 N.C. 261, decides the exact question in favor of the defendant.
Action dismissed.
Cited: Hinnant v. Power Co., 189 N.C. 122 (c); Brown v. R. R., 202 N.C. 262 (c); White v. Comrs. of Johnston, 217 N.C. 333 (1).
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