Meza v. Sword

CONREY, P. J., Dissenting.

I dissent. Without reference to the other questions presented for decision, I think that this action is barred by limitation of time. The right to maintain an action for damages for a death caused by wrongful act is of statutory origin. By act approved April 26, 1862 (Stats. 1862, p. 447), the liability for such damages Was created. It contained a proviso “that every such action shall be commenced within two years after the death of such deceased person”. In 1872 this legislation was transferred into the hew Code of Civil Procedure, section 377, without the proviso,…