In re Estate of Dikeman

The opinion of the court was delivered by This action originated with the filing of a petition, in the
nature of a claim, in the probate court to recover damages from
the estate of a decedent for personal injuries sustained by the
claimant while riding as a passenger in the decedent's
automobile. Pursuant to a request included in that pleading the
cause, as authorized by statute (G.S. 1949, 59-2402), was
transferred to the district court where all subsequent
proceedings were had. The petition contains two causes of action. The first seeks to
recover damages for plaintiff's own personal injuries and the
second, based on the allegations of the first, is for the benefit
of her husband, as the statute permits (G.S. 1949, 23-205), for
loss sustained by reason of her inability to perform services in
the household and in the discharge of her domestic duties as the
result of the involved accident. The first cause of action fully
discloses the facts, as well as the theory, on which plaintiff
bases her right of recovery and portions thereof, particularly
all allegations throwing light on whether the guest statute (G.S.
1949, 8-122b) has application, should be quoted at length.