1534

NEGLIGENCE CAUSING DEATH.

[ART. 67

ARTICLE LXVII

NEGLIGENCE CAUSING DEATH.

1. Liability notwithstanding deuth. 2. Action to recover. 3. Equitable plaintiff to deliver to de- fendant full particulars.

4. Word "person" to include corpora- tion; responsibility of corpora- tions for acts of their servants.

1904, art. 67, sec. 1. 1888, art. 67, sec. 1. 1860, art. 65, sec. 1.
1852, ch. 299, sec. 1.

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 (if
death had not ensued) have entitled the party injured to maintain an
action and recover damages in respect thereof, the person who would
have been liable if death had not ensued shall be liable to an action
for damages, notwithstanding the death of the person injured, and
although the death shall have been caused under such circumstances as
amount in law to felony.*

Maintenance of suit in other states and in federal courts; statutes of
other states.

An action for negligence causing death, which happened in this state,
may be maintained in another state in which the common law obstacle to
such action has been removed, provided the statute of this state is not in
substance inconsistent with the statute or public policy of the state in which
such action is brought. Such an action may be brought in the District of
Columbia and in the federal courts sitting in New York state, where the
cause of action arose in Maryland. Stewart v. B. & O. R. R. Co., 168 U. S.
443; Hollenbach v. Elmore. etc., Contracting Co., 174 Fed. 845.

The right of action given by this section is enforceable in the federal
courts of admiralty sitting in Maryland for a wrongful death in consequence
of a negligent obstruction in the navigable waters of the state; the right
of jury trial not being indispensable to the enforcement of such cause of
action. Maryland v. Miller, 180 Fed. 796.

The statutes of other states not similar to our own, though belonging to
the same class of legislation (such as those of West Virginia), will not be
allowed extra-territorial effect. Dronenburg v. Harris, 108 Md. COS; Ash v.
R. & O. R. R. Co., 72 Md. 147.

Particular cases.

An action lies under this section against a fraudulent vendor who sells
property known to be imminently dangerous and likely to cause injury to
human beings, where the vendee is not aware of the danger. The vendor's
liability extends to persons taking charge of the property for the vendee.
Sufficiency of declaration. B. & O. R. R. Co. v. State, use Good, 75 Md. 527.

*The annotations to this article are mainly confined to cases dealing specifically
with the statute law. For cases involving the general principles of negligence,
contributory negligence, assumption of risk, and the like, see appropriate titles
in Brantly's Digest.