OLLENNU J.: This action was instituted by the plaintiff under the Fatal Accidents Acts of 18461(1) and 1864,2(2) and it is for £G5,000 damages against the defendants jointly and severally.
Section 1 of the Fatal Accidents Act, 1846, popularly called Lord Campbell’s Act, provides that:
“whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony”
and section 2 provides that—
“every such action shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused, and shall be b…