Legal Opinion

Woods v. Graham

Supreme Court of Minnesota

Decided April 5, 1918No. 20,769PublishedCited by 5 opinions

Action in the district court for St. Louis county to recover $7,000 for an autopsy performed upon the body of .plaintiff’s daughter without plaintiff’s consent. The facts are stated in the opinion. From an order, Fesler, L, sustaining plaintiff’s demurrer to the separate answer of Bobert Graham as amended, defendant Graham appealed.

1Opinion of the CourtBunn, J.

Plaintiff brought this action to recover damages for an autopsy performed by defendant Graham on the body of her daughter, without plaintiff’s consent. The answer of defendant admitted performance of the autopsy without the consent of the girl’s mother, a widow, and set up as a defense that defendant was county physician of St. Louis county; that he attended the girl as a charity case in her last illness, and that an autopsy was necessary in order to ascertain the cause of death; that the undertaker in whose hands the body had been placed applied to defendant to execute the medical…

2Cases cited1 opinion

  1. Larson v. ChaseSupreme Court of Minnesota · 1891

3Cited by5 opinions

  1. Streipe v. Liberty Mutual Life Insurance Co.Court of Appeals of Kentucky (pre-1976) · 1932
  2. Alderman v. FordSupreme Court of Kansas · 1937
  3. Gurganious v. . SimpsonSupreme Court of North Carolina · 1938
  4. Coty v. BaughmanSouth Dakota Supreme Court · 1926
  5. Kingsley v. ForsythSupreme Court of Minnesota · 1934

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