From Casetext: Smarter Legal Research

McLean v. Ramsey

Supreme Court of North Carolina
Feb 1, 1942
18 S.E.2d 705 (N.C. 1942)

Opinion

(Filed 25 February, 1942.)

Death § 4 —

A complaint alleging a willful and felonious slaying states a cause of action for wrongful death, and a demurrer thereto on the ground that the complaint set up a purported action in negligence and failed to particularize with facts and circumstances supporting the general allegation of negligence, is properly overruled.

APPEAL by defendant from Gwyn, J., at Chambers, 21 November, 1941. From MADISON. Affirmed.

Jones, Ward Jones and Calvin R. Edney for plaintiff, appellee.

Roberts Baley and John H. McElroy for defendant, appellant.


This case comes here on appeal of defendant from a judgment overruling a demurrer to the complaint as not stating a cause of action. The action is for recovery of damages for the unlawful killing of plaintiff's intestate. The gist of the demurrer is that the complaint sets up a purported action in negligence and does not particularize with facts and circumstances supporting the general allegation of negligence. But the complaint alleges a willful and felonious slaying, and therefore sets up a good cause of action.

The demurrer was properly overruled and the judgment is

Affirmed.


Summaries of

McLean v. Ramsey

Supreme Court of North Carolina
Feb 1, 1942
18 S.E.2d 705 (N.C. 1942)
Case details for

McLean v. Ramsey

Case Details

Full title:W. K. McLEAN, ADMINISTRATOR FOR THE ESTATE OF MACK RAMSEY, DECEASED, v. T…

Court:Supreme Court of North Carolina

Date published: Feb 1, 1942

Citations

18 S.E.2d 705 (N.C. 1942)
221 N.C. 37

Citing Cases

Hospital v. Joint Committee

Jones v. Raney Chevrolet Co., 213 N.C. 775, 197 S.E. 757. Thus, the defendants by demurring to the…