s.3Action maintainable against person causing death through neglect, etc.
3
Section 3Part 2Fatal Accidents

Action maintainable against person causing death through neglect, etc.

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Whenever the death of a person is caused by a 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, then and in every such case 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 has been caused under such circumstances as amount in law to an offence.