§ 1491. Right of action where death results from wrongful act
When the death of a person is caused by the wrongful act, neglect or default of a person or corporation, and the act, neglect or default is such as would have entitled the party injured to maintain an action and recover damages in respect thereof, if death had not ensued, the person or corporation liable to such action shall be liable to an action for damages, notwithstanding the death of the person injured and although the death is caused under such circumstances as amount in law to a felony.