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508 NEGLIGENCE CAUSING DEATH. [ART. LXVII
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ARTICLE LXVII
NEGLIGENCE CAUSING DEATH.
1.
In order to maintain a suit under this article the equitable plaintiffs
must show a pecuniary interest in the life of the deceased; the jury may
not consider the pain and suffering of the deceased nor the mental suffer-
ing of the equitable plaintiffs. This article contrasted with Lord Camp-
bell's Act. Elder v. B. & O. R. R. Co., 126 Md. 498.
A suit under this and the following sections should have been withdrawn
from the jury as to one defendant under the doctrine of assumption of
risk, and was properly withdrawn as to the other defendant because there
was no evidence of negligence. Westinghouse B. & Mfg. Co. v. Monroe,
129 Md. 61.
The compromise and settlement of a separate suit against a wrongdoer
who is severally liable, with the defendant for a tort, held to bar a suit
under this section since there can be but one compensation for the same
injury. Cox v. Md. Elec. Rwys. Co., 126 Md. 301.
In a suit under this article the evidence of a faither as to the number
and ages of his children when offered for the purpose of showing that the
deceased took care of the younger children, thus saving the expense of an
attendant, and leaving the mother free to aid her husband in his business,
is admissible. U. Rwys. & E. Co. of Balto, v. Mantik, 127 Md. 205.
The citation in support of the note to this section at the bottom of page
1534 of volume 2 of the Annotated Code is error; the case which supports
the note is, State use of Hartlove v. Fox, 79 Md. 527.
2.
See notes to section 1.
4.
Purpose of this section; see notes to article 91, section 33. State v.
Rich, 126 Md. 648.
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