Legal Opinion · Dissent

Albrecht v. Potthoff

Supreme Court of Minnesota

Decided November 23, 1934No. 29,969Published

1DissentStone, Justice

We are dealing with a problem of statutory construction. The wrongful death statute, in derogation of common law, is not to be too strictly construed on that account. But its intended scope cannot be determined without study of the whole body of law, common and statutory, existing when it was enacted. Like every other law needing interpretation, it must be considered in application to its subject matter. State ex rel. Hansen v. Walsh, 188 Minn. 412, 247 N. W. 523. In no event is it to be stretched beyond its plain purpose.

The wrongful death statute must be construed with the married women’s…

2Cases cited15 opinions

  1. Strom v. StromSupreme Court of Minnesota · 1906
  2. Emerson v. Western Seed & Irrigation Co.Nebraska Supreme Court · 1927
  3. Gilkeson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
  4. Bates v. SylvesterSupreme Court of Missouri · 1907
  5. Drake v. DrakeSupreme Court of Minnesota · 1920

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