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McHORNEY v. WOOTEN

No. 22.

66 S.E.2d 692 (1951)

234 N.C. 110

Clarence McHORNEY, Adm'r v. Lula M. WOOTEN, Adm'x et al.

Supreme Court of North Carolina.

September 19, 1951.

Attorney(s) appearing for the Case

McMullan & Aydlett, Elizabeth City, for plaintiff, appellee.

Frank B. Aycock, Jr., Elizabeth City, for defendant Wooten, appellant.

J. Henry LeRoy, Elizabeth City, for defendant Layden, appellant.

STACY, Chief Justice.

The judgment overruling the demurrers will be upheld on authority of what is said in the companion case of Barber v. Wooten, N.C., 66 S.E.2d 690.

This case affords perhaps a clearer, if not a more pronounced, distinction from the Atkins case (Atkins v. Steed), 208 N.C. 245, 179 S.E. 889, than does the Barber case. Here, the action is for the wrongful death of plaintiff's intestate—the result...

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