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Opinions in Minnesota that cite Schwarz v. Judd, 10 N.W. 208.

30 citing documents.

Shaira Mattingly v. American Family Insurance, Kathleen Plasch 6 N.W.3d 787 Minn. Ct. App. 2024
Shaira Mattingly v. American Family Insurance, Kathleen Plasch 6 N.W.3d 787 Minn. Ct. App. 2024
But the early caselaw drew a distinction between “a cause of action, for the benefit of [the decedent’s] estate” and a wrongful-death claim “designed as a compensation or indemnity to certain persons, and not to the general estate.”
Johnson v. Consolidated Freightways, Inc. 420 N.W.2d 608 Minn. 1988
Johnson v. Consolidated Freightways, Inc. 420 N.W.2d 608 Minn. 1988
Early Minnesota decisions explained the action as a right belonging exclusively to the surviving beneficiaries, with compensation for their pecuniary loss being the “sole purpose.” Schwarz v. Judd, 28 Minn. 371, 372 , 10 N.W.
Beck v. Groe 70 N.W.2d 886 Minn. 1955
Beck v. Groe 70 N.W.2d 886 Minn. 1955
Lewis v. Connolly Contracting Co. 196 Minn. 108, 114 , ; Schwarz v. Judd, 28 Minn. 371, 372 , .
Moore v. Palen 36 N.W.2d 540 Minn. 1949
Moore v. Palen 36 N.W.2d 540 Minn. 1949
4 The nature of the right of action under this statute has been considered in Schwarz v. Judd, 28 Minn. 371 , ; Sykora v. Case Threshing-Mach.
Philips v. Aretz 10 N.W.2d 226 Minn. 1943
Philips v. Aretz 10 N.W.2d 226 Minn. 1943
In Schwarz v. Judd, 28 Minn. 371, 372 , , Mr. Justice Mitchell said: “This right of action is given for the benefit of the widow and next of kin.
Fehland v. City of St. Paul 9 N.W.2d 349 Minn. 1943
Fehland v. City of St. Paul 9 N.W.2d 349 Minn. 1943
As pointed out in Schwarz v. Judd, 28 Minn. 371, 372 , , an action under the death by wrongful act statute: “The theory of the statute is that they [the widoAv and next of kin] have a pecuniary interest in the life of the deceased, and its object is to compensate them for their loss caused by his death.
Albrecht v. Potthoff 257 N.W. 377 Minn. 1934
Albrecht v. Potthoff 257 N.W. 377 Minn. 1934
The theory of the statute is that they have a pecuniary interest in the life of the deceased, and its object is to compensate them for their loss caused by his death.” Schwarz v. Judd, 28 Minn. 371, 372 , .
McCrossin v. Noyes Bros. & Cutler, Inc. 173 N.W. 566 Minn. 1919
McCrossin v. Noyes Bros. & Cutler, Inc. 173 N.W. 566 Minn. 1919
Schwarz v. Judd, 28 Minn. 371 , .
Vander Wegen v. Great Northern Railway Co. 130 N.W. 70 Minn. 1911
Vander Wegen v. Great Northern Railway Co. 130 N.W. 70 Minn. 1911
Schwarz v. Judd, 28 Minn. 371 , ; Anderson v. Fielding, 92 Minn. 42 , , 104 Am.
Lahti v. Oliver Iron Mining Co. 118 N.W. 1018 Minn. 1908
Lahti v. Oliver Iron Mining Co. 118 N.W. 1018 Minn. 1908
Schwarz v. Judd, 28 Minn. 371 , ; Sykora v. Case Threshing-Mach.
Anderson v. Fielding 99 N.W. 357 Minn. 1904
Anderson v. Fielding 99 N.W. 357 Minn. 1904
Schwarz v. Judd, 28 Minn. 371 , .
Renlund v. Commodore Mining Co. 93 N.W. 1057 Minn. 1903
Renlund v. Commodore Mining Co. 93 N.W. 1057 Minn. 1903
The act in question is copied after what is known as “Lord Campbell’s Act,” first adopted in England in 1846; and its scope and purpose were defined in Schwarz v. Judd, 28 Minn. 371 , , where it was stated that the theory of the statute is that the widow and next of kin have a pecuniary interest in the life of the deceased, and that its object was to compensate them for the loss caused by his death.
Foot v. Great Northern Railway Co. 84 N.W. 342 Minn. 1900
Foot v. Great Northern Railway Co. 84 N.W. 342 Minn. 1900
Schwarz v. Judd, 28 Minn. 371 , ; State v. Probate Court of Dakota Co., 51 Minn. 241 , .
Robel v. Chicago, Milwaukee & St. Paul Railway Co. 27 N.W. 305 Minn. 1886
Robel v. Chicago, Milwaukee & St. Paul Railway Co. 27 N.W. 305 Minn. 1886
575;) Schwarz v. Judd, 28 Minn. 371 , ( 10 N. W. Rep.
Barnum v. Chicago, Milwaukee & St. Paul Railway Co. 16 N.W. 364 Minn. 1883
Barnum v. Chicago, Milwaukee & St. Paul Railway Co. 16 N.W. 364 Minn. 1883
As said by this court in Schwarz v. Judd, 28 Minn. 371 , “the theory of the statute is that they have a pecuniary interest in the life of the deceased, and its object is to compensate them for their loss caused by his death.” Such being the theory of the statute, it necessarily implies some damage from the death.

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