BLACKS LAW DICTIONARY 5TH PG 1029 Resident alien. A resident alien is a •person within the meaning of the due process and equal protection clauses of the Fourteenth Amendment. C. D. R. Enterprises, Ltd. v. Board of Ed. of City of New York, D.C.N.Y., 412 F.Supp. 1164, 1168. Unborn child. Word person as used in the Four teenth Amendment does not include the unborn. Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 729, 35 L.Ed.2d 147. A fetus is not a person and is not entitled to protection under the equal protection clause. Mur row v. Clifford, C.A.N.J., 502 F.2d 1066, 1068. A viable unborn child, which would have been born alive but for the negligence of defendant, is a per son within meaning of Wrongful Death Statute. Simmons v. Howard University, D.C.D.C., 323 F.Supp. 529. Unborn child is a person for purpose of remedies given for personal injuries, and child may sue after his birth. Weaks v. Mounter, 88 Nev. 118, 493 P.2d 1307, 1309.
Posted on: Thu, 11 Dec 2014 06:37:03 +0000
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