Kimble v. MacKintosh Hemphill Co.

Opinion by

Mr. Chief Justice Maxey,

Virginia M. Kimble, wife of decedent Harry P. Kimble, instituted two actions in trespass to recover damages sustained as a result of her husband’s death allegedly caused by the roof of defendant’s foundry falling upon him. The first suit was a “'death action” brought by plaintiff to recover expenses and for financial loss suffered by her and her children. The second suit was a “survival action” whereby plaintiff as administratrix of decedent’s estate sought to recover the present worth of Harry P. Kimble’s future earnings. These were cumulative suits. The…