Glona v. American Guarantee & Liability Insurance

Mr. Justice Harlan, whom Mr. Justice Black and Mr. Justice Stewart join,

dissenting.*

These decisions can only be classed as constitutional curiosities.

At common law, no person had a legally cognizable interest in the wrongful death of another person, and no person could inherit the personal right of another to recover for tortious injuries to his body.1 By statute, Louisiana has created both rights in favor of certain classes of persons. The question in these cases is whether the way in which Louisiana has defined the classes of persons who may recover is constitutionally permissible. The…