Herzog v. Stern

' ¿Lehman, J.

Though the cause of action created in Virginia is not penal in its nature and its enforcement does not offend our sense of justice or menace the public welfare, it by no means follows that the cause of action is enforceable against the executors of the wrongdoer. True, the foreign statute provides that such a cause of action shall not abate by the death of the wrongdoer, and the general rule is that “ whether a claim for damages for a wrong survives the death of the wrongdoer or of the injured person is determined by the law of the place of wrong.” (Proposed Final Draft No. 3 of…