12-611. Liability
When death of a person is 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 to recover damages in respect thereof, then, and in every
such case, the person who or the corporation which 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 was caused under such circumstances as amount in
law to murder in the first or second degree or manslaughter.
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