{
  "id": 11273390,
  "name": "D. B. WATTS v. GEORGE W. VANDERBILT",
  "name_abbreviation": "Watts v. Vanderbilt",
  "decision_date": "1914-12-23",
  "docket_number": "",
  "first_page": "567",
  "last_page": "569",
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      "cite": "167 N.C. 567"
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    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
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  "last_updated": "2023-07-14T20:55:31.572596+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "D. B. WATTS v. GEORGE W. VANDERBILT."
    ],
    "opinions": [
      {
        "text": "Hoke, J.\nAt common law actions for personal injuries died with the person committing the wrong. Rippey v. Miller, 33 N. C., 247; Schouler on Executors (2 Ed.), sec. 370; 3 Williams on Executors, p. 228.\nIn Rippey\u2019s case, Ruffin, C. J., stating the doctrine, said: \u201cAn action for tort was lost at common law by the death of either party, the injured or the injurer, upon the maxim, actio personalis moritur cum persona.\u201d\nThis being the recognized principle, the question presented by the appeal is whether, under our legislation on the subject, the right of action will survive as against the executors of the deceased.\nReferring, then, to the statutes applicable, section 156 of Revisal of 1905 provides: \u201cUpon the death of any person all demands whatsoever, and rights to prosecute or defend any action or special proceedings, existing in favor of or against such person, except as hereinafter provided, shall survive to and against the executor, administrator, or collector of his estate.\u201d\nSection 157, enumerating the actions which do not survive, includes among others: \u201cCauses of action for false imprisonment, assault and battery, or other injuries to the person, where such an injury does' not cause the death of the injured party.\u201d\nIn several decisions of this Court interpreting this section it has been held that actions for injuries to the person do not survive. Bolick v. R. R., 138 N. C., 370; Morton v. Tel. Co., 130 N. C., 299; Strauss v. Wilmington, 129 N. C., 100; Harper v. Comrs., 123 N. C., 118.\nThis construction is no way affected by section 415 of Revisal, enacting that: \u201cNo action shall abate by the death, marriage, or other disability of a party or by the transfer of any interest therein, if the cause of action survive or continue,\u201d etc.\nBy tbe express warding of tbis provision, it only applies in case tbe \u201ccanse of action survives,\u201d and tbis, as we bave seen, is not true in tbe presented case. A similar ruling bas been made in other courts of recognized authority. Hegerish v. Keddy, 99 N. Y., 258; Munroe v. Bruo, 70 Fed., 967.\nTbe second paragraph of section 415, to tbis effect, \u201cThat in case of death, except in suits for penalties and for damages merely vindictive, marriage or other disability of a party, . . . tbe court on motion may allow tbe action to be continued,\u201d etc., is not intended to affect tbe first paragraph, but only as a regulation of procedure when tbe action survives.\nThere was error, therefore, in overruling tbe demurrer, and, on tbe facts presented in tbis record, tbe same should bave been sustained and judgment entered that tbe action abate.\nEeversed.",
        "type": "majority",
        "author": "Hoke, J."
      }
    ],
    "attorneys": [
      "Harkins & Van Winkle and, Merrick & Bernard for defendant. .",
      "No counsel for plaintiff."
    ],
    "corrections": "",
    "head_matter": "D. B. WATTS v. GEORGE W. VANDERBILT.\n(Filed 23 December, 1914.)\nAbatement and Revivor \u2014 Tort Feasor \u2014 Personal Injury \u2014 Death\u2014Interpretation of Statutes.\nAt common law a right of action sounding in tort for personal injuries inflicted does not survive the tort feasor, and the doctrine is not changed by statute, where the injury does not cause death, the exceptions in Re-visal, sfec. 157, to the provisions of section 156 being expressly to that effect; nor is this interpretation affected by section 415, providing that no action shall abate by death, etc., or that the court may allow the action to continue, etc.; these provisions relating to such actions as survive, and not to actions for personal injuries, which do not survive.\nAppeal by defendant from Webb, J., at Spring Term, 1914, of Teakt-SYLVANIA.\nCivil action to recover damages for personal injuries caused by alleged negligence on the part of Gr. W. Vanderbilt, heard on demurrer and motion to abate.\nGr. W. Vanderbilt- having died, his executors were made parties defendant. Whereupon, plaintiff filed his complaint that he was injured by negligent conduct of G. W. Vanderbilt while in his employment as stone-cutter, engaged in preparing stones for a lodge of defendant in Pisgah Forest, in that he wrongfully and negligently selected inexperienced and unskillful foreman and hands in the work while plaintiff was employed, etc., and by reason of such negligence he was injured, losing sight of one eye, etc. Complaint further alleges death of Gr. W. Vanderbilt and appointment of defendants as executors. There was demurrer on the ground that no cause of action was stated against the executors, etc.\nJudgment overruling demurrer, and defendant excepted and appealed.\nHarkins & Van Winkle and, Merrick & Bernard for defendant. .\nNo counsel for plaintiff."
  },
  "file_name": "0567-01",
  "first_page_order": 621,
  "last_page_order": 623
}