A TREATISE ON THE LAW PECULIAR TO ACTIONS FOR INCLUDING THE TEXT OF THE STATUTES AND AN ANALYT- ICAL TABLE OF THEIR PROVISIONS BY FRANCIS B. TIFFANY ST. PAUL, MINN. WEST PUBLISHING CO. PREFACE. THE purpose of this book is to treat of those questions of law which are peculiar to the various statutory civil actions maintainable when the death of a person has been caused by the wrongful act or negligence of another. The statutes by which a right of action in such case has been created are to a great extent modeled upon the English statute known as "Lord Campbell's Act," which was enacted in 1846. Lord Campbell's act provides that, "whensoever the death of a person shall be caused by the wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who would have been liable if death had not ensued shall be liable to an action for damages notwithstanding the death of the person injured." The American acts, with some exceptions, have followed the language of the parent act in providing that the action may be maintained whenever death is caused by "wrongful act, neglect, or default." For the sake of brevity, the book has been entitled "Death by Wrongful Act," though "Death by Wrongful Act or Negligence" would more accurately describe it. This subject, although it has been briefly considered in several text-books, has never been treated with any degree of fullness. These acts in effect provide that the statutory action may be maintained for the benefit of the persons whom they designate, whenever the wrongful act, neglect, or default is such that if it had resulted merely in bodily injury, without causing death, |