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DAMAGES IN FATAL ACCIDENT CASES U
DAVAGES IN FATAL ACCIDENT CASES,
+; -1The-Right of Action
' (Section 3 of the. Fatal Accidents Act provides as follow:
moe, -ty, tNhenspeyer the death of-a person shall be caused
by wrongful act, neglect or default, and the act,
neglect or default:igs such as would (if death had
not ensued) have entitled the party injured to
Seen #+ maintain an action and recover damages in respect
FOR. .REFERENNCE ONLY.
we & who would have been liable, if.desth had not
NOT TOBE TAKEN AWAY ensued, shall be .liable.to an action for danages
whe notwithstanding the death of the person injured
and although the death shall have been caused
umder such circumstances as anount in law to-a
felony."
5 on This provision of the Act, known as Lord Campbell's Act after
the Lord Chancellor who introduced it, is the basis of the: cause of action
+) vv for damages arising out of wrongful death,
thereof, then and in every such case the person
Who Can Claim
‘ho Can Claim
~
: Section 4 provides that the action shall be for the benefit: of
the "near relations! of the deceased person. Section 2(1) provides that ei
“near relations" of a deceased person means the wife, husband, paront,
child, brother, sister, nophow or niece of the deceased person. This