Hazzard v. Alexander

Layton, C. J.,

delivering the opinion of the Court:

The question presented is, whether the enactment of the statute on May 22, 1933 (38 Del. Latos, c. 26), deprived the plaintiff of her cause of action, under Section 4155, Revised Code 1915, which had accrued to her on April 30, 1932, the date of her husband’s death. The right of action existed solely by virtue of Section 4155, a variation of Lord Campbell’s Act. Prior to this statute, the common law maxim, actio personalis moritur cum persona, applied. Perry v. Philadelphia, B. & W. R. Co., 1 Boyce (24 Del.) 399, 77 A..725. By the statute, if…