Chap. 446.--An ACT to amend and re-enact section 5790 of the Code of Virginia
in regard to the survival of the right of action against a deceased tort feasor.

[1 B 220]
Approved March 26, 1928

1. Be it enacted by the general assembly of Virginia, That section
fifty-seven hundred and ninety of the Code of Virginia be amended
and re-enacted so as to read as follows:

Section 5/90. The right of action under sections fifty-seven hundred
and eighty-six and fifty-seven hundred and eighty-seven, shall not de-
termine, nor the action, when brought, abate by the death of the de-
fendant, or the dissolution of the corporation when a corporation is the
defendant; and, where an action 1s brought by a person injured for
damage caused by the wrongful act, neglect, or default of any person
or corporation, and the person injured dies pending the action, the
action shall not abate by reason of his death, but, his death being sug-
gested, it may be revived in the name of his personal representative.
If the death resulted from the injury, the declaration and other plead-
ings shall be amended so as to conform to an action under sections fifty-
seven hundred and eighty-six and fifty-seven hundred and eighty-
seven, and the case proceeded with as if the action had been brought
under the said sections. But in such cases there shall be but one recovery
for the same injury. And any right of action which may hereafter
accrue by reason of any injury done to the person of another, and
not resulting in death, by the wrongful act, neglect, or default of any
person, shall survive the death of the wrongdoer, and may be enforced
against his executor or administrator, either by reviving against such
personal representative a suit which may have been brought against
the wrongdoer himself in his lifetime, or by bringing an original suit
against his personal representative after his death whether or not the
death of the wrongdoer occurred before or after the death of the
injured party. Nothing contained in this section shall be construed to
extend the time within which an action for any other tort shall be
brought, nor to give the right to assign a claim for a tort not otherwise
assignable.
1142 ACTS OF ASSEMBLY [vA.