Lambert v. Ensign Manufacturing Co
In Lambert v. Ensign Manufacturing Co., 42 W. Va. 813, 26 S.E. 431 (1896), the Court held that because a wrongful death cause of action did not exist at common law, the two year limitation period "is made an essential element of the right to sue, and it must be accepted in all respects as the statute gives it.
And it is made absolute, without saving or qualification of any kind whatever." 42 W. Va. at 817, 26 S.E. at 431.