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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