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" That 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... "
Wisconsin Session Laws - Page 315
by Wisconsin - 1937
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The Cabinet Lawyer: A Popular Digest of the Laws of England, Civil, Criminal ...

John Wade - 1871 - 944 pages
...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, neglect,...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...
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Reports of Cases Heard and Determined by the Supreme Court of ..., Volume 115

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
..."Whenever 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,...action and recover damages in respect thereof, then and in every such case, the person or corporation who would have been liable, if death had not ensued,...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 23

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...action and recover damages in respect thereof, then, and in every such case, the person who, or the corporation which, would have been liable if death had...
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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 - 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...
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Notes to Saunders' Reports: By Serjeant Williams, Volume 1

John Williams, Sir Edmund Saunders - 1871 - 756 pages
...s. 1, by which it is enacted (s. 1) that " whensoever *' the death of a person shall be " caused by wrongful act, neglect, " or default, and the act,..." 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 - 1871 - 338 pages
...injury so caused by him, 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,...
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Reports of Cases in the Supreme Court of Nebraska, Volume 62

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 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."...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1872 - 798 pages
...representatives of persons deceased to maintain actions for injuries to the deceased in certain caeee. Section 1. Whenever the death of a person shall be caused by...action and recover damages in respect thereof, then, and in every such case, the person who, or the corporation or company which would have been liable...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1872 - 802 pages
...representatives of persons deceased to maintain actions for injuries to the deceased in certain cases. Section 1. Whenever the death of a person shall be caused by...action and recover damages in respect thereof, then, and in every such case, the person who, or the corporation or company which would have been liable...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 80

United States. Supreme Court - 1872 - 1546 pages
...The action was founded on a statute of Wisconsin, which provides that "whenever the death of a persou shall be caused by a wrongful act, neglect, or default,...action and recover damages in respect thereof, then, and in every such case, the person who, or the corporation which, would have been liable, if death...
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