State Ex Rel. Odham v. Sherman
Court of Appeals of Maryland
The cause was argued on 11/13/63 before Brune, C. J., and Henderson, Prescott, Horney and Marbury, JJ. The cause was reargued on 12/2/63 before Brune, C. J., and Henderson, Hammond, Prescott, Marbury, Sybert, JJ., and Gray, J., Chief Judge of the Seventh Judicial Circuit, specially assigned.
1Opinion of the CourtHenderson, J.
This appeal is from a judgment entered upon motion under Rule 502 for the determination of an issue of law prior to trial. In effect, the trial court held that a viable child born dead was not a “person” under Code (1957), Art. 67, secs. 1 and 4 (still known as Lord Campbell’s Act), or under Code (1957), Art. 93, secs. 18 and 112, authorizing actions by administrators.
The applicable statutes provide as follows:
(Art. 67, sec. 1) “Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have…
2Cases cited31 opinions
- Van Beeck v. Sabine Towing Co.Supreme Court of the United States · 1937
- Dietrich v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1884
- Verkennes v. CornieaSupreme Court of Minnesota · 1949
- Smith v. BrennanSupreme Court of New Jersey · 1960
- Porter v. LassiterCourt of Appeals of Georgia · 1955
26 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
- Justus v. AtchisonCalifornia Supreme Court · 1977
- Endresz v. FriedbergNew York Court of Appeals · 1969
- Summerfield v. Superior Court, Maricopa Cty.Arizona Supreme Court · 1985
- Nealis v. BairdSupreme Court of Oklahoma · 1999
- Krishnan v. SepulvedaTexas Supreme Court · 1995
90 more not listed; retrieve them via the Exa API.