Howell v. Commissioners of Yancey County
| Decision Date | 07 December 1897 |
| Citation | 28 S.E. 362,121 N.C. 362 |
| Parties | HOWELL v. COMMISSIONERS OF YANCEY COUNTY. |
| Court | North Carolina Supreme Court |
Appeal from superior court, Yancey county; Norwood, Judge.
Action by Melissa Howell against the commissioners of Yancey county. From a judgment overruling a demurrer to the complaint, defendants appeal. Reversed.
McElroy & Moore, for appellants.
J. S. Adams and Hudgins & Watson, for appellee.
Plaintiff alleges that she is the widow of Z. B. Howell, deceased, who, she alleges, died by reason of defendants' negligence in allowing the county jail to be and remain in an unhealthy condition during her husband's confinement therein. Plaintiff does not sue as the executrix, administratrix, or collector of her husband, but sues in her own right, as the widow of deceased; and defendants demur on that ground. At common law the injured party alone could maintain an action for damages, and, in case of death from the injury, the right of action did not survive to any one. By statute (Code, § 1498) the personal representative of the deceased is allowed to prosecute an action for damages at any time within one year from the death. The demurrer should have been sustained. Code, § 1498; Best v. Town of Kinston, 106 N.C. 206, 10 S.E. 997. We are not informed as to the truth of the allegations, nor is it necessary that we should be in order to dispose of this case; but, if they are true, the conditions would probably be improved by invoking the aid of the criminal side of the docket Judgment reversed.
To continue reading
Request your trial