The Wrongful Death Statute

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Whenever the death of a person results from any act, conduct, occurrence, transaction, or circumstances which, if death had not ensued, would have entitled such person to recover damages in respect thereof, the person or party who, or the corporation which, would have been liable if death had not ensued shall be liable in an action for damages, not withstanding the death of the person injured.

The wrongful death statute is not in derogation of the common law, and it does not take away any common law right.

The wrongful death statute evidences a legislative intent to place the cost of unsafe activities upon the actors who engage in them, and thereby provide a tortious conduct."

The Missouri Supreme Court recognized its duty "to perceive
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