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" Whenever 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 damages, in respect thereof... "
A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of ... - Page 310
by Thomas McIntyre Cooley - 1888 - 899 pages
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Notes to Saunders' Reports: By Serjeant Williams, Volume 1

John Williams, Edmund Saunders - Law reports, digests, etc - 1871
...part of the law has been effected by stat. 9 & 10 Viet. c. 93, s. 1, by which it is enacted (s. 1) that " whensoever *' the death of a person shall be..." or default is such as would (if " death had not ensued) have en" titled the party injured to maintain an action and recover damages in respect thereof,...
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A Treatise Upon the Law Applicable to Negligence

Thomas William Saunders - Liability - 1871 - 269 pages
...wrongdoer in such case should be answerable in damages for the injury so caused by him, enacts— 1. " That whensoever the death of a person shall be " caused...neglect or 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,...
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Reports of Cases Heard and Determined by the Supreme Court of ..., Volume 106

South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - Law reports, digests, etc - 1916
...3958. It is true the words of the first section referred to do give the action "whenever * * * the default is such as would, if death had not ensued,...injured to maintain an action and recover damages," etc. But that plainly means that the beneficiary shall have no suit unless Dissenting Opinion. [ 106...
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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - Civil procedure - 1872 - 750 pages
...them seem just. t&& , 3) G ' k Stat. 1862, 447-8, read as follows: " Section 1. Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default, ia such as would (if death had not ensued) have entitled tho party injured to maintain an action and...
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General Laws, Resolutions, and Memorials of the Territory of Wyoming

Wyoming - Law - 1872
...of Representatives of the, Territory of Wyoming : SECTION 1. Whenever the death of a person shall bd caused by wrongful act, neglect or default, and the. act, neglect or default ic such as would (if death had not ensued) Representa* . ' tivi-s to have have entitled the party injured...
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Public and Local Acts of the Legislature of the State of Michigan, Volume 1

Michigan - Detroit (Mich.) - 1872
...when deth by wrongful act, neglect, or default of any railroad company or its wrongful ct, agents, and the act, neglect, or default is such as would (if death f"it, company ~* " v to bo llsblo for had not ensued) entitle the party injured to maintain an action...
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The Revised Statutes of Nova Scotia: Fourth Series

Nova Scotia - Law - 1873 - 989 pages
...Whensoever the death of a person shall be caused by the wrongful act, neglect or default of another, and the act, neglect or default is such as would (if...maintain an action and recover damages in respect thereof ; (hen^sasatsuitof a • , .1 i " ij t_ i_ deceased shall ana in every such case, the person who...
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General Acts and Joint and Concurrent Resolutions of the ..., Volume 1

Michigan - Law - 1873
...caused by when death wrongful act, neglect, or default of any railroad company* wronufvii or its agents, and the act, neglect, or default is such as would (if death had not ensued) entitle the party injured to maintain an action and recover damages in respect thereof; then...
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Miscellaneous Documents: 30th Congress, 1st Session - 49th ..., Volume 1

United States. Congress. House - United States - 1873
...For whom brought. 4. Construction. 1. Whenever the death of a person sliall be caused by the wrongfal act, neglect, or default, and the act, neglect, or default is such as wonX (if death had not ensued) have entitled the party injured to maintain au action, and recover damages...
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The Revised Statutes of Nova Scotia: Fourth Series

Nova Scotia - Law - 1873 - 989 pages
...shall be caused by Wh2|?eatl1 u the wrongful act, neglect or default of another, and the ^ongtufact of act, neglect or default is such as would (if death had not W ensued) have entitled the party injured to maintain j. an action and recover damages in respect thereof...
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