NEGLIGENCE CAUSING DEATH. 395

ARTICLE 67.

NEGLIGENCE CAUSING DEATH.

1. Liability notwithstanding death.

An. Code, 1924, sec. 1. 1912, sec. 1. 1904, sec. 1. 1888, sec. 1. 1852, ch. 299, sec. 1.
1929, ch. 570, sec. 1 (p. 1377).

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, or the executor or administrator of the
said person who would, have been liable in case of the death of the said
person who would have been liable, shall he 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; provided, however, that any such action against the executor or
administrator of the said person who would have been liable shall be com-
menced within six calendar months after the death of the said person who
would have been liable.

In action for death as result of fall over declivity at end of street, held there
was evidence of negligence on part of city in not providing barrier or warnings
of danger; passenger in automobile—contributory negligence of driver. Agent.
Variance. Evidence. Baltimore v. State, 146 Md. 443.

In action for death of child struck by street car, held evidence of speed of
car, lack of signal and vigilance was sufficient to go to jury; contributory negli-
gence of child. Last Clear Chance. State v. W., B. & A. R. Co., 149 Md. 445.

Where child died as result of defect in article purchased by parents, seller
not being manufacturer of article, parents cannot sue under this section, since
child, had it been injured, could not have sued; no privity of contract. Duty
owed plaintiff. Vendor of article manufactured by another. State v. Consol.
Gas, etc., Co., 146 Md. 391.

This section referred to in construing art. 101, sec. 58—see notes thereto.
State v. Francis, 151 Md. 150.

Art. 67 referred to in construing art. 101, sec. 58—see notes thereto. Stark
v. Gripp, 150 Md. 658.

Art. 67 cited, but not construed, in Lowe v. Lowe, 150 Md. 603; Barrett v. In-
demnity Ins. Co., 152 Md. 258 (See notes to art. 101, sec. 58).

As to when mother may institute suit for tort against child see art 93 sec
153A.

2.

Declaration which discloses that suit not brought within twelve months is
bad on demurrer. State c. Parks, 148 Md. 479.

This section referred to in construing art. 101, sec. 58—see notes thereto
Clough & Molloy v. Shilling, 149 Md. 193.

See notes to sec. 1.

3.

See notes to sec. 1.

4.

See notes to sec. 1.