Homiewicz v. Orlowski

Rodney, J.,

delivering the opinion of the court:

This case calls for a construction of the Delaware Act commonly called the Death Act, of which Lord Campbell’s Act was the prototype, and to determine the statute of limitations applicable thereto. The Delaware act is now found as section 4155 of the Revised Code of 1915 and reads as follows:

“No action brought to recover damages for injuries to the person by negligence or default, shall abate by reason of the death of the plaintiff; but the personal representatives of the deceased may be substituted as plaintiff and prosecute the suit to final…