Mayberry v. Northern Pacific Railway Co.
Supreme Court of Minnesota
Separate appeals by defendant Northern Pacific Railway Company, and defendants David Wilson and Joseph Julien, from an order of the district, court for Hennepin county, Dickinson, J., overruling their separate demurrers to the complaint.
1Opinion of the CourtBrown, J.
This action was brought to recover damages for the death of plaintiff’s intestate, alleged to have been caused by the negligence of defendants. The railroad company.and individual defendants separately demurred to the complaint, assigning as ground thereof that two causes of action were improperly united therein. The demurrers were overruled, and separate appeals taken to this court. The only question presented is whether 'the demurrers were well taken.
The complaint alleges substantially the following facts: Plaintiff’s intestate, at the time of the accident causing his death, was in the…
2Cases cited16 opinions
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Colegrove v. New York & New Haven RailroadNew York Court of Appeals · 1859
- Wright v. ComptonIndiana Supreme Court · 1876
- Cuddy v. HornMichigan Supreme Court · 1881
- Churchill v. HoltMassachusetts Supreme Judicial Court · 1879
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3Cited by40 opinions
- Best v. YerkesSupreme Court of Iowa · 1956
- Goldman v. Mitchell-Fletcher Co.Supreme Court of Pennsylvania · 1928
- Waylander-Peterson Co. v. Great Northern Ry. Co.Court of Appeals for the Eighth Circuit · 1953
- Ellis v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1918
- Virtue v. Creamery Package Manufacturing Co.Supreme Court of Minnesota · 1913
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