Page:Federal Reporter, 1st Series, Volume 7.djvu/711

 ROACH V. IMPERIAL MININO CO. 699 �have broken at the 1,100 foot level, while the cage was ascending with the plaintiff 's intestate f rom the 1,300 foot level, and to have fallen down the shaft, "to-wit, more tban 300 feet." From the 1,100 foot level to the bottom of the sbaft is 1,700 feet. The oomplaint does not show wbat it "was that arreated the cage, if it did not go to the bottom of the sbaft, nor anything whicb explains the averment, "to- wit, more tban 300 feet." If there is anything in the case making the distance the cage fell material, it ougbt to be made plainer so that the defendant can meet it. If not, the ambiguity can be removed by striking out the words above quoted. AU that seems material to aver is that the fall of the cage caused the death. The two remaining points are based upon the language of the statu te of Nevada (section 115, Comp. Laws, p. 39) entitled "An act requiring compen- sation for causing death by wrongful acts, neglect, or de- fault:" �" Section 1. Whenever the death of a person ghall be caused by wrong- ful act, neglect, or dofault, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to main- tain an action and recover damages in respect thereof, Ihen, and in every such case, the peraons who, or the corporation which, 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 circumstanees as amount, in law, to a felony. �" Sec. 2. The proceeds of any judgment, obtained in any action brought under the provisions of this act, shall not be liable for any debt of the deceased : provided, he or she shall have left a husband, wife, child, father, mother, brother, sister, or child or children of a deceased child, but shall be distributed as f ollows : * * * If there be none of the kindred here- inbefore named, then the proceeds of such judgment shall be disposed of in the manner authorized by law for the disposition of the personal prop- erty of deceased persons: provided, every such action shall be brought by and in the name of the personal representative or representatives of such deceased person ; and provided furtJier, the jury, in every such action, may give such damages, pecuniary and exemplary, as they shall deem fair and jusl, and may take Into consideration the pecuniary injury resulting from such death to the kindred as herein named." �Under this statute there are two causes of action — two grounds upon whicb a recovery can be bad: one for the injury to the deceased, and one for the injury to the kindred ��� �