...him or her surviving a husband, wife, or next of kin, may maintain an action to recover damages fora wrongful act, neglect, or default, by which the decedent's...been liable to an action in favor of the decedent, if death had not ensued." The appellant argues that the right of action here given is only against...

...The personal representatives of a decedeut who left a husband, wife, or next of kin are authorized to "maintain an action to recover damages for a wrongful...the decedent's death was caused, against a natural Iierson who, or a corporation which, would li.ive been liable to an action in favor of the decedent,...

...providing that the executor or administrator of a decedent who has left surviving husband, wife, or next of kin may maintain an action to recover damages for a wrongful act, resulting in death of such decedent, and providing that "such an action must be commenced within two...

...respect the statute now before us is the same. It recognizes the existence of a right founded on the "wrongful act, neglect or default by which the decedent's death was caused," and it applies alike to cases where denth occurs Instantaneously and to those where it follows the...

...motion should be granted and a new trial ordered. All concurred, except HAKDIN, PJ, dissenting. HARDIN, PJ (dissenting) : Section 1902 of the Code of Civil...damages for a wrongful act, neglect or default, by App. Div.] FOURTH DEPARTMENT, OCTOBER TERM, 1897. which the decedent's death was caused, against a...

...survive ; that the statute authorizing actions for wrongful death provided for a recovery against one who would have been liable to an action in favor of the decedent; that the daughter could not have maintained an action for the criminal operation, it not being alleged...

...deceased who left a husband, wife, or next of kin, is authorized to maintain an action to recover the damages for a wrongful act, neglect, or default by which the decedent's death was caused, that damages recovered in such action are exclusively for the benefit of the decedent's husband or...

..."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...death was caused, against a natural person who, or corporation which, would have been liable to an action in favor of the decedent by reason thereof if...

...deceased who left a husband, wife, or next of kin, is authorized to maintain an action to recover the damages for a wrongful act, neglect, or default by which the decedent's death was caused, that damages recovered in such action are exclusively for the benefit of the decedent's husband or...

...right of action to the administrator of a decedent who has left surviving him u wife or next of kin to recover damages for a wrongful act, neglect, or default by which his deatb was caused, against a party who would have been liable to him if death had not ensued, and...