Dietrich v. Inhabitants of Northampton [Brief] (1884)
نویسنده
چکیده
This influential opinion by famed jurist Oliver Wendell Holmes [5], Jr. was copied by courts throughout the United States. For over sixty years, courts refused to recognize a cause of action on behalf of a child who died before or after birth as a result of injuries suffered in the womb [6] because the fetus [7] was considered legally a part of its mother and thus did not possess personhood [8]. This policy changed after the decision in Bonbrest v. Kotz in 1946.
منابع مشابه
Bonbrest v. Kotz [Brief] (1946)
This influential opinion was copied throughout the United States allowing civil actions and wrongful death [5] claims on behalf of children who suffered injuries while a viable [6] fetus [7]. The case essentially overruled the opinion by Justice Oliver Wendell Holmes [8], Jr. in Dietrich v. Inhabitants of Northampton (1884). However, the ability to sue was usually limited in two ways: the fetus...
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