Opinion

Fussner v. Andert

  • 261 Minn. 347
  • 113 N.W.2d 355
  • 1961 Minn. LEXIS 651
Court
Supreme Court of Minnesota
Filed
Dec 15, 1961
Status
Published
Author
Dell
On the bench
Murphy, Dell, Otis, Rogosheske
Cited by
74 cases

no cause of action for wrongful death of unborn child because prospective pecuniary loss resulting from such death too spectulative

How later courts described this case

  • no cause of action for wrongful death of unborn child because prospective pecuniary loss resulting from such death too spectulative
  • considering present-day needs and experience, pecuniary loss, should include loss within the broad definition of society and companionship
  • interpreting Minn. Stat. sec. 573.02
  • wrongful death statute is remedial in character and “it is the court’s duty to construe it liberally in light of current social conditions”

Written by the judges who cited it.

The opinion

Dell, Chief Justice

(dissenting).

I dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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