Public Law 83–635

That title 3 of the

Canal Zone.

Survival of things in action.

Canal Zone Code, approved June 19, 1934 (48 Stat. 1122), is amended by adding, in article 2 of chapter 18 thereof, two new sections numbered 373 and 374, respectively, and reading as follows:

Ҥ 373. Survival of thing in action after death of tort feasor or other person liable

“No thing in action sounding in tort, arising after the date of enactment of this section, shall be lost because of the death of the tort feasor or other person liable. On any such thing in action an action may be brought or continued against the personal representative of the deceased person, but punitive or exemplary damages shall not be awarded nor penalties adjudged in any such action. This section shall extend to a thing in action for wrongfully causing death arising under section 131 of title 4, and an action under said section 131 may be brought or continued against the personal representative of the tort feasor or other person liable. Where a thing in action arises simultaneously with or after the death of the tort feasor or other person who would have been liable if his death had not occurred simultaneously with the act, omission, circumstance, or event giving rise to such thing in action, or had not intervened between the wrongful act, omission, circumstances, or event and the coming into being of the thing in action, an action to enforce such thing in action may be maintained against the personal representative of such tort feasor or other person. Nothing in this section shall be construed as authorizing the transfer of any thing in action arising out of any tort against the person.

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Ҥ 374. Survival of thing in action after death of person injured

“No thing in action sounding in tort, arising after the date of enactment of this section, shall be lost because of the death of the person in whose favor the thing in action arose. On any such thing in action an action may be brought or continued by the personal representative of the deceased person. The damages recovered in any action under this section shall form a part of the estate of the deceased. No thing in action for damages caused by any injury or wrong to a third person shall be lost because of the death of such third person. If an action be brought for physical injuries to a person, and a separate action be brought for his wrongful death arising out of the same wrongful act, omission, circumstance, or event, such actions shall be consolidated for trial on the motion of any interested party: Provided, however, That the award of damages appertaining to physical injuries shall not include prospective profits or earnings after the date of death of the person injured. Nothing in this section shall be construed as authorizing the transfer of any thing in action arising out of any tort against the person.”

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