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SIMS v. REA CONST. CO.

No. 7426SC995.

213 S.E.2d 398 (1975)

25 N.C. App. 472

Bertha G. SIMS, Administratrix of the Estate of Gayheart Alonzo Sims, Deceased v. REA CONSTRUCTION COMPANY.

Court of Appeals of North Carolina.

April 16, 1975.

Attorney(s) appearing for the Case

Seegers & Kilgore by Samuel R. Kilgore, Jr., Newland, for plaintiff-appellant.

Jones, Hewson & Woolard by William L. Woolard, Charlotte, for defendant-appellee.

MARTIN, Judge.

There is no dispute that plaintiff Bertha G. Sims, the South Carolina administratrix of the estate of Gayheart Alonzo Sims, is not the proper party to maintain the present action. In addition, it was more than two years after the death of Gayheart Alonzo Sims that a North Carolina administrator was appointed and plaintiff sought to substitute the resident administrator as party plaintiff.

The right of action for wrongful death is purely statutory...

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