Quin v. . Moore

The death of James Kerns was caused, as the jury have found, by the neglect or unskillfulness of the defendants' clerk in selling morphine instead of quinine. If the child had survived the injury, there is no doubt that he could have maintained an action for the wrong done to himself. This being so, the statute (Laws of 1847, 575) declares that "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," c. The only condition, therefore, on which the right of the administrator to sue under the…