NEGLIGENCE CAUSING DEATH. 2217

ARTICLE 67.

NEGLIGENCE CAUSING DEATH.

1. Liability notwithstanding death. 2. Action to recover. 3. Equitable plaintiff to deliver to defen- dant full particulars.

4. Word " person " to include corporation ; responsibility of corporations for acts of servants.

An. Code, sec. 1. 1904, sec. 1. 1888, 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.1

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 common law obstacle to such action has been
removed, provided the statute of this state is not in substance inconsistent with
statute or public policy of state in which such action is brought. Such action may be
brought in District of Columbia and in federal courts sitting in New York state,
where 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 federal courts of
admiralty sitting in Maryland for a wrongful death in consequence of a negligent
obstruction in navigable waters of the state; right of jury trial not being indispens-
able to enforcement of such cause of action. Maryland v. Miller, 180 Fed. 796;
State, use Szczesek, v. Homburg Co., 190 Fed. 240.

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. 608; Ash v. B. & 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
vendee is not aware of danger. Vendor's liability extends to persons taking charge
of property for vendee. Sufficiency of declaration. State, use Hartlove, v. Fox,
79 Md. 527.

For a suit against a physician for causing the death of a patient by an alleged
unauthorized and unskillful operation, see State, use Janney, v. Housekeeper, 70
Md. 168.

1 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 the Md. Digest.