 | Isaac Fletcher Redfield - 1870 - 708 pages
...action to such wrongful act, neglect, or default, "as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof." Vide Code, art. 65, ยง 1. The party injured not being a passenger, the defendants were not required... | |
 | Nevada - 1871 - 252 pages
...People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. Whenever the death of a person shall be caused by...respect thereof, then, and in every such case, the persons who, or the corporation which would have been liable, if death had not ensued, shall be liable... | |
 | Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1870 - 1102 pages
...should be answerable in damages for the injury so caused by him :" enacts, "That whensoever the death of a person shall be caused by wrongful act, neglect,...in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages,... | |
 | John Wade - 1871 - 946 pages
...Campbell's Act, the 9 & 10 V. c. 93, which provides, "that whensoever the death of a person shall be Gained by wrongful act, neglect, or default, and the act,...respect thereof, then, and in every such case, the person who would have been liable if death had not ensued shall be liable to an action for damages,... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1867 - 674 pages
...that, " whenever the death of a person shall be caused by the wrongful act, &c., and the act, &c., is such as would (if death had not ensued) have entitled...respect thereof, then, and in every such case, the person who, or the corporation which, would have been liable if death had not ensued, shall be liable... | |
 | John Williams, Sir Edmund Saunders - 1871 - 756 pages
...default, and the act, neglect, " or default is such as would (if " death had not ensued) have en" titled the party injured to maintain an action and recover...in respect thereof, then and in every such case the person who would have been liable if death had not ensued, shall be liable to an action for damages,... | |
 | Thomas William Saunders - 1871 - 338 pages
...default is such as would (if death had " not ensued) have entitled the party injured to main" tain an action and recover damages in respect thereof, " then and in every such case the person who would " have been liable, if death had not ensued, shall be " liable to an action for damages,... | |
 | South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1921 - 638 pages
...provision that the act, neglect, or default must be such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof. It, therefore, necessarily follows that, as the action could not have been maintained against the defendant... | |
 | William Wait - 1872 - 950 pages
...Stoner, 19 NY (5 Smith) 26 (29). To this general rule there is one apparent statutory exception : " Whenever the death of a person shall be caused by...respect thereof, then, and in every such case, the person who, or the corporation which would have been liable, if death had not ensued, shall be liable... | |
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Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover... 
