172 N.C. 869
90 S.E 257
Supreme Court of North Carolina
Decided October 11, 1916
Supreme Court of North Carolina · decided 1916-10-11
This is an action brought by tbe father to recover damages for the wrongful death of his infant son. The defendants filed a demurrer, which was overruled, and the defendants appealed.
Decided 1916-10-11
¶1 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.
¶2 The case of Killian v. R. R., 128 N. C., 261, decides the exact question in favor of the defendant.
¶3 Action dismissed.