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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Mattfeld v. Nester, 32 N.W.2d 291 (1948)

Citation
Mattfeld v. Nester, 32 N.W.2d 291 (1948)
Parent Document
Mattfeld v. Nester, 32 N.W.2d 291 (1948)
Jurisdiction
Minnesota (state)
Effective Date
1948-04-16

Other Sections in This Document (117)

Full Text

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Furthermore, neither at common law nor under modern statutes does every wrongful death amount to a felony. The resort to history (see, Lord Sumner’s judgment in Admiralty Commrs. v. S. S. Amerika [1917] A. C. 38, Ann. Cas. 1917B, 877) is not convincing, because it was given as a reason only after all others had failed. In summing up his review of the English and American cases, including Baker v. Bolton, 1 Camp. 493, 170 Reprint 1033, from which the modern English cases stem, Judge Dillon said in the Sullivan case (3 Dill. 341, 23 F. Cas. No. 13,599, p. 371):