Document Type

Article

Publication Date

1911

Abstract

It is known as the "Death Act." It was enacted in i848, amended in 1873, and follows closely Lord Campbell's Act. In the, construction of these acts, troublesome questions have arisen, difficulties have been encountered, different theories urged, different views entertained, different conclusions reached, and different opinions rendered, respecting the number of actions that can be maintained under them, the circumstances that invoke one rather than the other, the measure of damages applicable, respectively, and certain questions of practice as to the joinder of counts and the amendment of pleadings. The statement would hardly he justified that all these questions have finally been settled in this state; some of them undoubtedly are closed; others perhaps remain, open. The cases are numerous, but the limits of this article allow reference to a few of them only.


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