Amann v. Faidy

Mr. Chiee Justice Schaeeer

delivered the opinion of the court:

The question in this case is whether there can be recovery for the wrongful death of a child who was negligently injured en ventre sa mere and who, after his birth, died as a result of those injuries. Because the Wrongful Death Act allows recovery only where the “act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages” (Ill. Rev. Stat. 1951, chap. 70, par. 1,) the result depends upon the right of one negligently injured en ventre sa mere to recover…