Is a wrongful death a cause of action for personal injury to the beneficiary of the action?

Thus it appears, both from the statute and the authorities, that the damages awarded for the negligent act are such as result to the property rights of the person or persons for whose benefit the cause of action was created. Nothing is allowed for a personal injury to the personal representatives or to the beneficiaries, but the allowance is simply for injuries to the estate of the latter caused by the wrongful act. The statute, as it has been held, is not simply remedial, but creates a new cause of action in favor of the personal representatives of the deceased, which is wholly distinct from, and not a revivor of, the cause of action which, if he had survived, he would have had for his bodily injury. Although the action can be maintained only in the cases in which it could have been brought by the deceased if he had survived, the damages nevertheless are given upon different principles and for different causes. In an action brought by a person injured, but not fatally, by the negligence of another, he recovers for his pecuniary loss, and in addition for his pain and suffering of mind and body, while under the statute it is not the recompense which would have belonged to him which is awarded to his personal representative, but the damages are to be estimated with reference to the pecuniary injuries resulting from such death to the wife and next of kin of such deceased person. Whitford v. Railroad Co., supra. As, in the language of the statute, the damages awarded to the plaintiff are to be estimated on the basis of a fair and just compensation for the pecuniary injuries resulting from [164 N.Y. 154]the decedent's death to the person or persons for whose benefit the action is brought, we think the injury is for a wrong done to the property, rights, or interests' of the beneficiary, and that hence the cause of action survives; the recovery, if any, being a part of his estate, the same as it would have been if collected and paid over before his death. The order appealed from should therefore be affirmed, with costs, and the question certified to us answered in the affirmative.

Order affirmed.