Chapter 126.
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/statutes-at-large/vol-23/chapter-126-1282279·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 126.— AN ACT to authorize suits for damages where death results from the wrongful act or neglect of any person or corporation in the District of Columbia.February 17, 1885. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,District of Columbia. That whenever, by an injury done or happening within the limits of the District of Columbia, the death of a person shall be caused by the wrongful act, neglect, or default of any person or corporation, and the act, neglect, or default isPerson or corporation causing death by wrongful act, neglect, or default, to be liable for damages, notwithstanding death of the person injured. such as would, if death had not ensued, have entitled the party injured, or, if the person injured be a married woman, have entitled her husband, either separately or by joining with the wife, to maintain an action and recover damages, the person who or corporation which would have been liable if death had not ensued shall be liable to an action for damages for such death, notwithstanding the death of the person injured, even though the death shall have been caused under circumstances which constitute a felony: and such damages shall be assessed with reference to the injury resulting from such act, neglect, or default causing such death, *Proviso*.Damages in no case to exceed $10,000.*Proviso*.No action if dam ages received during life.to the widow and next of kin of such deceased person. *Provided*, That in no case shall the recovery under this act exceed the sum of ten thousand dollars. *And provided further*, That no action shall be maintained under this act, in any case when the party injured by such wrongful act, neglect, or default, has recovered damages therefor during the life of such party.
Sec. 2. That every such action shall be brought by and in the name Suit to be brought within one year by personal representatives of deceased.Damages recovered to be for benefit of family.of the personal representative of such deceased person, and within one year after the death of the party injured. Sec. 3. That the damages recovered in such action shall not be appropriated to the payment of the debts or liabilities of such deceased person, but shall inure to the benefit of his or her family, and be distributed according to the provisions of the statute of distributions in force in the said District of Columbia.
Approved, February 17th, 1885.