Page:United States Statutes at Large Volume 77.djvu/628

 596

PUBLIC LAW 88-241-DEC..23, 1963

[77STAT.

CHAPTER 27—NEGLIGENCE CAUSING DEATH See. 16-2701. Liability; damages; prior recovery as precluding action. 16-2702. Party plaintiff; statute of limitations. 16-2703. Distribution of damages.

§ 16-2701. Liability; damages; prior recovery as precluding action When, by an injury done or happening within the limits of the District, the death of a person is caused by the wrongful act, neglect, or default of a person or corporation, and the act, neglect, or default is such as will, if death does not ensue, entitle the person injured, or if the person injured is a married woman, entitle her husband, either separately or by joining with the wife, to maintain an action and recover damages, the person who or corporation that is liable if death does not ensue is liable to an action for damages for the death, notwithstanding the death of the person injured, even though the death is caused under circumstances that constitute a felony. The damages shall be assessed with reference to the injury resulting from the act, neglect, or default causing the death, to the spouse and the next of kin of the deceased person; and shall include the reasonable expenses of last illness and burial. "Where there is a surviving spouse, the jury shall allocate the portion of its verdict payable to the spouse and next of kin, respectively, according to the finding of damage to the spouse and next of kin. If, in a particular case, the verdict is deemed excessive the trial judge or the United States Court of Appeals for the District of Columbia Circuit, on appeal of the cause, may order a reduction of the verdict. An action may not be maintained pursuant to this chapter if the party injured by the wrongful act, neglect, or default has recovered damages therefor during his life. §16-2702. Party plaintiff; statute of limitations An action pursuant to this chapter shall be brought by and in the name of the personal representative of the deceased person, and within one year after the death of the person injured. §16-2703. Distribution of damages The damages recovered in an action pursuant to this chapter, except the amount specified by the verdict or judgment covering the reasonable expenses of last illness and burial, may not be appropriated to the payment of the debts or liabilities of the deceased person, but inure to the benefit of his or her family and shall be distributed to the spouse and next of kin according to the allocation made by the verdict or judgment, or in the absence of an allocation, according to the provisions of the statute of distribution in force in the District. CHAPTER 29—PARTITION AND ASSIGNMENT OF DO\\^ER SUBCHAPTER I—PARTITION GENERALLY

Sec. 16-2901. Parties; accounting by tenant in common.

SUBCHAPTER II—ASSIGNMENT OF DOWER; PARTIES TO PARTITION PROCEEDINGS; SALE OF PROPERTY DISCHARGED FROM DOWER OR SPOUSE'S INTESTATE SHARE 16-2921. 16-2922. 16-2923. 16-2924.

Appointment of commissioners: cases of partition. Widow or widower of tenant in common. Wife or husband as a party to partition proceeding. Sale of land encumbered by dower; lacli of widow's or widower's consent; written consent; portion of proceeds. 16-2926. Sale of indivisible property; discharged from dower or intestate share.

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