The decedent recovered from defendant a judgment for personal injuries which was satisfied during deceased's lifetime. Six months later the deceased's death was caused by these same injuries. This action was brought by plaintiff as next of kin to recover damages for the wrongful death under the New York Wrongful Death Act. Held, the judgment recovered by plaintiff's intestate is a bar to this action notwithstanding the enactment of survival statutes which sweep away the rule that an action for personal injuries abates on the death of the injured party or wrongdoer. Fontheim v. Third Avenue Ry., 257 App. Div. 147, 12 N .Y. S. (2d) 90 (1939).

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