Verkennes v. Corniea

Thomas Gallagher, Justice.

This is an action for the wrongful death of an unborn child. It is brought under M. S. A. 573.02, which provides in part:

“When death is caused by the wrongful act or omission of any person or corporation, the personal representative of the decedent may maintain an action therefor if he might have maintained an action, had he lived, for an injury caused by the same act or omission.”

The trial court sustained defendant Maternity Hospital’s demurrer to the complaint, which was based upon the ground that the complaint did not state a cause of action against it, in that…