Campbells Act

Campbell's Act (Lord). By this statute (9 and 10 Vic. c. 93) and the amending Act (27 and 28 Vic. c. 95) the families of persons killed by accident are enabled to claim compensation. For this purpose, however, it is necessary that the death should have resulted from the act, neglect, or default of the defendant or his servants, such act, neglect, or default being of a kind which, if death had not ensued from it, would at Common Law have entitled the injured person to recover damages in respect thereof. The action is for the benefit of the wife, husband, parent or child of the deceased person, and may be instituted by his or her executor or administrator; but if the executor or administrator does not, within six months of the death, commence the necessary action, then any of the persons beneficially interested, whether legally or morally only, in the result of the action, may commence the same. By a later statute than the above, the Board of Trade is empowered to appoint an arbitrator in the matter. The damages recovered are strictly in the nature of compensation, and nothing is recoverable as a mere solatium.