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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... "
Statutes at Large of the State of New York: Comprising the Revised Statutes ... - Page 527
by New York (State) - 1869
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 432

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1976 - 602 pages
...another, 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...have been liable, if death had not ensued, shall be liable in an action for damages notwithstanding the death of the party injured." 2 The jury had been...
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Reports of Cases Argued and Determined in the Supreme Court And ..., Volume 88

New Jersey. Supreme Court - 1916 - 848 pages
...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...injured, and although the death shall have been caused under such circumstances as amount in law to felony." The present suit, if Vanden Berg were living,...
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The Law Times, Volume 35

1860 - 484 pages
...recover damages in respect thereof, then the person who would have been liable if death had not ensued is liable to an action for damages, notwithstanding the...death of the person injured, and although the death has been caused under circumstances which amount to a felony. The action must be brought within one...
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The Law Times, Volume 7

1846 - 700 pages
...action against such first-mentioned person in any of Her Majesty's Courts of Record at Westminster, and recover damages in respect thereof, then and in every such case the person so causing such death shall be liable to an action for damages resulting therefrom, notwithstanding...
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Reports of Cases Argued and Ruled at Nisi Prius: In the Courts of Queen's ...

Great Britain. Courts, Frederick Augustus Carrington, Andrew Valentine Kirwan - 1850 - 1168 pages
...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...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...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1846 - 638 pages
...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...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...
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Acts of the Legislature of the State of Michigan

Michigan - 1847 - 1212 pages
...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...injured, and although the death shall have been caused under such circumstances as amount in law to felony. Sec. 2. Every such action shall be brought by,...
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Laws of the State of New York, Volume 2

New York (State) - 1847 - 470 pages
...or de- ^fa™abgee° fault, is such as would (if death had not ensued) have enti- maintained, tied the party injured to maintain an action and recover...notwithstanding the death of the person injured, and althoiigh the death shall have been caused under such circumstances as amount in law to felony. §...
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Acts of the General Assembly of the State of New Jersey

New Jersey - 1847 - 954 pages
...and thenegi.K* *eact, neglect, or default is such as would, if death- hud not ensued, have entitled the party injured to maintain an action and recover...for damages, notwithstanding the death of the person injure:l, and although the death shall have been caused under such circumstances as amount in law to...
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Practical Rules for Determining Parties to Actions: Digested and Arranged ...

Herbert Broom - 1847 - 232 pages
...recover *damages in L -J respect thereof, then and in every such case the person who would aave been liable if death had not ensued, shall be liable to...injured, and although the death shall have been caused under such circumstances as amount in law to (/) Smith v. Colgay, Cm. Eliz. 384 ; and see 31 Edw. 3,...
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