^ See T.A. Smedley, Wrongful Death — Bases of the Common Law Rules, 13 Vand. L. Rev. 605, 614 n.46 (1960) (“I should like to suggest, therefore, that when Lord Ellenborough gave his ruling in Baker v. Bolton he was the victim of the same confusion of ideas.” (quoting 3 W.S. Holdsworth, A History of English Law 335 (3d ed. 1923))); John W. Salmond, The Law of Torts 393 (11th ed. 1953) (“The rule as laid down by Lord Ellenborough is obviously unjust; . . . it is based upon a misreading of legal history.” (quoting Holdsworth, supra, at 393)).
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