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" When the death of a person is caused by wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensued... "
Reports of Cases in Law and Equity in the Supreme Court of the State of New York - Side 188
av Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858
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Atlantic Reporter, Volum 88

1914 - 1134 sider
...caused by wrongful act, neglect, or default, default such as would have entitied the party injured to maintain an action and recover damages if death had not ensued, the person who would have been liable if death had not ensued shall be liable to an action for damages,...
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American Negligence Reports, Current Series: (cited Am. Neg. Rep ..., Volum 8

John Milton Gardner, Walter James Eagle - 1900 - 848 sider
...the right of action to the administrator for the benefit of the widow and next of kin, saying " that the injury resulting from the death to the class of...would not have been entitled to maintain an action at anytime after settlement to recover damages. That act, accompanied by payment, extinguished both the...
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British Ruling Cases from Courts of Great Britain, Canada, Ireland ..., Volum 13

1926 - 1262 sider
...the wrongful act, neglect, or default, in such circumstances as would have entitled the party injured to maintain an action and recover damages if death had not ensued, then the person who would in that case have been liable shall be liable to an action for damages not...
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Atlantic Reporter, Volum 40

1898 - 1246 sider
...must be caused "by wrongful act, neglect, or default," such as would have entitled the party injured to maintain an action and recover damages if death had not ensued. It follows from this that the matter first to be determined is whether Cocking himself (had not his...
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