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Revised Code of the Public General Laws, 1879
Volume 388, Page 724   View pdf image (33K)
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724 LIABILITY OF INDIVIDUALS AND CORPORATIONS, ETC. [ART. 67.

XV.—LIABILITY OF INDIVIDUALS AND CORPORATIONS
FOR WRONGFUL ACTS, NEGLECT, OR DEFAULT, CAUSING
THE DEATH OF A PERSON.
 

1. Action to recover damages for death caused 3 Bill of particulars.

Art. 66, s 1.
1852, e 299, s 1.
Action to re-
cover damages
for deal h causef

by negligence. 4 Meaning of words , liability of corporations
2 How and for whose benefit action brought; for acts of agents
apportionment of damages, limitation.

by negligence
21 Md 175 , 24
Md 84, 103, 271
29 Md 252,460,
30 Md 47, 179 ,
31 Md 191,357, 32
Md 411, 33 Md
542, 35 Md 32,
36 Md 619 , 87
Md 156 , 88 Md
568, 688 , 39 Md
329,433,574, 42
Md 117, 43 Md
584, 45 Md 411
47 Md. 76.

1. Whenever the death of a person shall be caused by the wrong-
ful 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 per-
son who would have been liable if death had not ensued, shall be
liable to an action for damages, notwithstanding the death shall
have been caused under such circumstances as amount in law to
felony.

Id s 2

1852, s 299, s 2
How, and for
whose benefit
action brought

2. Every such action shall be for the benefit of the wife, husband,
parent, and child of the person whose death shall have been so
caused, and shall be brought by and in the name of the State of
Maryland, for the use of the person entitled to damages, and in
every such action the jury may give such damages as they may think
proportioned to the injury resulting from such death to the parties
respectively for whom and for whose benefit such action shall be

Apportionment
of damages

brought, and the amount so recovered, after deducting the costs not
recovered from the defendant, shall be divided amongst the above
mentioned parties, in such shares as the jury by their verdict shall
find and direct; provided, that not more than one action shall lie for

Limitation.

and in respect of the same subject-matter of complaint; and that
every such action shall be commenced within twelve calendar months
after the death of the deceased person.

Id s 3.
1852, c 299, 8. 3.
Bill of par-
ticulars
37 Md 156 , 41
Md 268

3. In every such action, the equitable plaintiff on the record shall
be required, together with the declaration, to deliver to the defend-
ant, 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 recov-
ered.

Id 8.4.
1352, c 299, s. 4
Meaning of
words

4. The following words and expressions used in the three pre-
ceding sections are intended to have the meaning hereby assigned
to them respectively, so far as such meanings are not excluded by
the context, or by the nature of the subject-matter, that is to say :

Liability of
corporations for
acts of agents

The word person shall apply to bodies politic and corporate, and
all corporations shall be responsible under the three preceding sec-
tions for the wrongful acts, neglect, or default, of all agents em-
ployed by them.



 

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Revised Code of the Public General Laws, 1879
Volume 388, Page 724   View pdf image (33K)
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