Tbe decision of this case is controlled by tbe decision in tbe companion case, Gentry, Administrator, v. Town of Hot Springs, N. C., ante, 665.
Affirmed.
Seawell, J., dissents.
Gentry v. Town of Hot Springs, 227 N.C. 668 (1947)
Sept. 24, 1947
·
Supreme Court of North Carolina
227 N.C. 668
E. G. GENTRY, Admr. Estate of FRANK GENTRY, v. TOWN OF HOT SPRINGS, NORTH CAROLINA.
(Filed 24 September, 1947.)
Appeal by plaintiff from Nettles, J., at March Term, 1947, of MADISON.
Civil action to recover damages for death of plaintiff’s intestate, alleged to have been caused by the wrongful act, neglect or default of the defendant.
The complaint alleges substantially the same facts as those appearing in the companion case, Gentry, Administrator, v. Town of Hot Springs, N. C., ante, 665.
Demurrer interposed on the ground that the complaint fails to state facts sufficient to constitute a cause for wrongful death against the defendant municipality.
From judgment sustaining the demurrer, the plaintiff appeals, assigning error.
Calvin B. Edney for plaintiff, appellant.
George M. Pritchard and George L; Greene for defendant, appellee.