Fransen v. Kellogg Toasted Corn Flake Co.
Supreme Court of Minnesota
Action in the district court for Bamsey county to recover $10,000 for the death of plaintiff’s minor son. The answer alleged that any injury received by John Fransen arose from hazards which were open .and obvious to him. The case was tried'before Olin R. Lewis, J., who at the close of plaintiff’s case granted defendant’s motion to dismiss the action. From an order denying his motion for a new trial, plaintiff appealed.
1Opinion of the CourtDibell, J.
Action by the plaintiff, as administrator, to recover for the death of his minor son, who was run over and killed by an automobile, in La Crosse, Wisconsin, on May 6, 1920. At the close of the case it was dismissed on the motion of the defendant Kellogg company. The defendant Rex Staninger answered, but did not appear at the trial. The plaintiff appeals from the order denying his motion for a new trial.
The trial court was of the view that there was not sufficient proof that Staninger was driving the car, nor that it was being driven in the business of the Kellogg company, and so dismissed the…
2Cases cited9 opinions
- Norris v. . KohlerNew York Court of Appeals · 1869
- Edgeworth v. WoodSupreme Court of New Jersey · 1896
- Seaman v. . KoehlerNew York Court of Appeals · 1890
- Ploetz v. HoltSupreme Court of Minnesota · 1913
- Johnson v. EvansSupreme Court of Minnesota · 1919
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Enea v. PfisterWisconsin Supreme Court · 1923
- Elliason v. Western Coal & Coke Co.Supreme Court of Minnesota · 1925
- Lund v. OlsonSupreme Court of Minnesota · 1931
- Piepho v. M. Sigbert-Awes Co.Supreme Court of Minnesota · 1922
- Behrens v. Hawkeye Oil Co.Supreme Court of Minnesota · 1922
6 more not listed; retrieve them via the Exa API.