Ake v. Birnbaum

By a former decision rendered on this appeal this court affirmed a judgment of the lower court awarding damages to the personal representative of a deceased person who had received injuries caused by the negligent acts of one of the defendants, resulting in her death. At the time the opinion was rendered a majority of this court was of the opinion that the cause of action upon which the plaintiff was suing was maintainable only under the death by wrongful act statute, and that therefore damages for physical pain and suffering of the decedent prior to her death were not recoverable in the…