 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 315by Wisconsin - 1937Full view - About this book
 | 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 - Law reports, digests, etc - 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... | |
 | 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... | |
 | John Williams, Sir Edmund Saunders - Law reports, digests, etc - 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,... | |
 | Thomas William Saunders - Liability - 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,... | |
 | 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."... | |
 | Montana - Session laws - 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... | |
 | Montana (Ter.) - Law - 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... | |
 | United States. Supreme Court - Law reports, digests, etc - 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... | |
 | William Wait - Civil procedure - 1872 - 950 pages
...rule there is one apparent statutory exception : " Whenever the death of a person shall be caused 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, or the corporation which would have been liable, if death had... | |
 | Michigan - Detroit (Mich.) - 1872 - 1628 pages
...person shall be caused by wrongful act, neglect, or default of any railroad company 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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