 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...  The Southern Law Review - Page 6951875Full view - About this book
 | Law - 1886 - 546 pages
...of kin, to recover damages for the pecuniary injuries suffered by them where death was caused by the wrongful act, neglect or default of another, and the act, neglect or default was such as would (if death had not ensued) have entitled the party injured to maintain an action therefor,... | |
 | Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - Law reports, digests, etc - 1870 - 1102 pages
...enacts, "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...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, notwithstanding... | |
 | John Wade - Law - 1871 - 946 pages
...provides, "that whensoever the death of a person shall be Gained by wrongful act, neglect, or default, and the act, neglect, or default is such as would...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, notwithstanding... | |
 | Nevada - Session laws - 1871 - 252 pages
...follows: SECTION 1. 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...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... | |
 | 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 - 644 pages
...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... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1902 - 1050 pages
...instruction is complained of as error. Under our statutes, if the "neglect" was such as would have entitled the party injured "to maintain an action and recover damages in respect thereof," then the person who would have been liable if death had not ensued "shall be liable to an action for damages."... | |
 | John Williams, Sir Edmund Saunders - Law reports, digests, etc - 1871 - 756 pages
...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 en" titled the party injured to maintain an action and recover damages in respect thereof,... | |
 | Thomas William Saunders - Liability - 1871 - 338 pages
...enacts— 1. " 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 main" tain an action and recover damages in respect thereof,... | |
 | 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 - 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... | |
 | California - Civil procedure - 1872 - 774 pages
...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 recover damages...in respect thereof, then, and in every such case, tho person, who, or the corporation which, would have been liable if death had not ensued, shall be... | |
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