Supreme Court of North Carolina February 2, 1968, 614 (Kendrick v. Cain)

BRANCH, J.

Plaintiff’s action is brought under the wrongful death statute, G.S. 28-173,

et seq.,

against defendants as joint tort-feasors.

Appellee Cain contends that plaintiff can have only one recovery and that when plaintiff accepted the full amount of the judgment entered against defendant Haddock, plaintiff’s appeal became moot. The statute (G.S. 28-173,

et seq.