Powers v. City of Troy

(for affirmance). This case involves an interpretation of the Michigan wrongful death act.1 Specifically, the question is the meaning of the word “person” in the first sentence of the statute:

“Whenever the death of a person or injuries resulting in death, shall be caused by wrongful act * * * 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.” (Emphasis supplied.)

In this case the person said to be involved was a 6-month-old male child en ventre sa mere. The child ■was stillborn. The…