...89 N, Y. 24, 42 Am. Rep. 271. The condition presented in the statute (section 1902, supra), that the wrongful, act, neglect or default by which the decedent's death was caused must be such as -would have entitled the party injured to maintain an action, has reference to the...

...representative capacity, involving the same subject matter. In an action by an executor or administrator to recover damages for a wrongful act, neglect or default by which a decedent's death was caused, the deposition of such decedent taken pursuant to this article in respect...

...representative capacity, involving the same subject-matter. In an action by an executor or administrator to recover damages for a wrongful act, neglect or default by which a decedent's death was caused, the deposition of such decedent taken pursuant to this article in respect...

...personal property. 3. An injury to person or property in, consequence of negligence, fraud or other I" A "wrongful act, neglect or default by which the decedent's death was caused, when ! cause of action arose in this state before or after the passage of this act and the action 434...

...1902 of the New York Code provides, in substance, that the widow of a decedent may, as administratrix, maintain an action to recover damages for a wrongful...by which the decedent's death was caused, against a person or corporation which would be liable in an action in favor of the decedent by reason of such...

...The executor or administrator of a decedent, who has left, him or her surviving, a husband, wife, or next of kin, may maintain an action to recover damages...a wrongful act, neglect, or default, by which the deceilent's death was caused, against a natural person who, or a corporation which, would have been...

...States, or in any foreign country, of a decedent who has left him or her surviving a husband, wife, or next of kin. may maintain an action to recover damages for a wrongful act, neglect or default. l>y which the decedent's death was caused, against a natural person who. or a corporation which, would...

...result of an act of negligence, as distinguished from an injury that could not have been who • • » would have 'been liable to an action in favor of the decedent &;/ reason thereof if death had not ensued." Littlewood v. Mayor, 8ft NT 24, 42 Am. Dec. 271; Kelllher...

...action for cansing death of a decedent. Damages recovered by an executor or administrator in an action for a wrongful act, neglect or default, by which the decedent's death was caused form no part of the decedent's estate and are not subject to the transfer tax imposed by article 10...

...are not to be found in the act in this state. The reference to decisions under statutes permitting an action to recover damages for a wrongful act, neglect or default by which a decedent's death was caused is inapplicable except in other actions for a wrong, neglect or default....