Legal Opinion · Dissent

Jensen v. City of Duluth

Supreme Court of Minnesota

Decided September 4, 1964No. 39,119Published

1DissentThomas Gallagher, Justice

The commission’s determination was based upon two findings or conclusions as follows:(1) “* * * We cannot state from the medical evidence that the petitioner has proved that coronary sclerosis and cerebral arteriosclerosis are all part of the same pathological picture.”

*249(2) “* * * we cannot conclude that the evidence * * * establishes by a fair preponderance * * * that cerebral arteriosclerosis is an occupational disease of firemen.”

The medical evidence may be summarized as follows: The autopsy listed as a final diagnosis the following:

“Arteriosclerotic cardiovascular disease — perforated…

2Cases cited8 opinions

  1. Ryan v. Metropolitan Life Insurance Co.Supreme Court of Minnesota · 1939
  2. Ogren v. City of DuluthSupreme Court of Minnesota · 1945
  3. Kellerman v. City of St. PaulSupreme Court of Minnesota · 1941
  4. Duff v. Bemidji Motor Service Co.Supreme Court of Minnesota · 1941
  5. Anderson v. City of MinneapolisSupreme Court of Minnesota · 1960

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