NEGLIGENCE CAUSING DEATH. 2221

v. State, use Mahone, 63 Md. 145; B. & O. R. R. Co. v. State, use Kelly, 24 Md. 281.

All of parties entitled need not be joined as equitable plaintiffs, nor can those who
are entitled be prejudiced by joinder of some who are not entitled. Deford v. State,
use Keyser, 30 Md. 208.

This section does not deprive a plaintiff of the right to sue different joint tort-
feasors separately, although there can be but one satisfaction. There can be, however,
only one suit against same defendant under this article. State, use Bashe, v. Boyce,
72 Md. 143; Deford v. State, use Keyser, 30 Md. 208.

It could scarcely be contended that an action for negligence causing death could
be maintained, in view of this section, for use of an illegitimate child. Illegitimate
children not entitled to workmen's compensation benefits. Legitimacy for jury;
evidence; cases reviewed. Scott v. Independent Ice Co., 135 Md. 350 (decided prior
to act, 1920, ch. 456); W. B. & A. Co. v. State, use Hall, 136 Md. 119.

A recovery may not be had by a mother under this section for death of an
illegitimate child. State v. Hagerstown, etc., Rwy. Co., 139 Md. 79.

As to the liability of equitable plaintiffs for costs, see art. 24, sec. 8.

See notes to sec. 1.

An. Code, sec. 3. 1904, sec. 3. 1888, sec. 3. 1852, ch. 299, sec. 3.

3. In every such action, the equitable plaintiff on the record shall be
required, together with the declaration, to deliver to the defendant or his
attorney a full particular of the persons for whom and on whose behalf
such action shall be brought and of the nature of the claim in respect of
which damages shall be sought to be recovered.

The object of this section and effect of the particular; when it is waived. This
section is not mandatory, and does not affect plaintiff's right to maintain his suit.
The particular is no part of the record and is not even required to be filed, but to
be delivered, etc. The failure to file particular is no ground for arrest of judgment.
Philadelphia, etc., R. R. Co. v. State, use Bitzer, 58 Md. 397.

With reference to the office and effect of a particular when furnished, see also
B. & O. R. R. Co. v. State, use Woodward, 41 Md. 297.

As to an amendment of particular and declaration, not warranting filing of plea
of limitations, see Western Union Tel. Co. v. State, use Nelson, 82 Md. 305. See
also notes to sec. 2.

For a variance between the proof, and declaration and particular, see B. & O.
R. R. Co. v: State, use Woodward, 41 Md. 297.

Cited but not construed in State, use Zier, v. Chesapeake Co., 98 Md. 37.
See notes to sec. 1.

An. Code, sec. 4. 1904, sec. 4. 1888, sec. 4. 1852, ch. 299, sec. 4.

4. The word " person " shall apply to bodies politic and corporate,
and all corporations shall be responsible under this article for the wrong-
ful acts, neglect or default of all agents employed by them.

Purpose of this section; see notes to art. 91, sec. 27. State v. Rich, 126 Md. 648.
This section makes the design of this article more obvious. State, use Coughlan, v.
B. & O. R. R. Co., 24 Md. 100.

Cited but not construed in B. & O. R. R. Co. v. Smith, 29 Md. 464.
See notes to sec. 1.