Kerling v. G. W. Van Dusen & Co.
Supreme Court of Minnesota
Action in the district court for Yellow Medicine county, by the administrator of the estate of Andrew Kerling, deceased, to recover $5,000 for the wrongful death of decedent. The case was tried before Powers, J., and a jury which returned a verdict in favor of plaintiff for $1,200. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.
1Opinion of the CourtLewis, J.
Andrew Kerling, a boy of seventeen years of age, was killed while' operating a circular wood saw for appellant, and his father brought this action under the statute to recover for the loss of services. The jury returned a verdict of $1,200. The action was based on the charge that appellant was negligent in not providing proper guards for the shaft, saw, and belting, and in not providing a proper belt shifter, and in failing to give the boy proper instructions. Defense: 'General denial, that the statutory provisions with reference to guards had been complied with, and that the boy was guilty…
2Cases cited1 opinion
- Steinbauer v. StoneSupreme Court of Minnesota · 1902
3Cited by3 opinions
- Kerling v. G. W. Van Dusen & Co.Supreme Court of Minnesota · 1910
- Kerling v. G. W. Van Dusen & Co.Supreme Court of Minnesota · 1911
- Minneapolis, Saint Paul, Rochester & Dubuque Electric Traction Co. v. EnggrenSupreme Court of Minnesota · 1910