Petcoff v. St. Paul City Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county by the administrators of the estate of Nicholas Jordanoff, deceased, to recover $7,500 for the death of their intestate. From an order, Dickson, J., overruling the separate demurrer of defendant St. Paul City Railway Company to the complaint, it appealed.
1Opinion of the Court
Peb Curiam.
Action to recover damages for the death of plaintiff’s intestate, alleged to have been caused by the negligence of defendants. The railway company appealed from an order overruling its separate demurrer to the complaint, interposed upon the ground that two causes of action were improperly joined.
The facts alleged concerning the negligence of both defendants are identical as to time, place, and result in causing decedent’s death; and hence present causes of action based upon concurrent negligence, which may be united. Appellant’s contentions to the contrary are ruled adversely in…
2Cases cited4 opinions
- Mayberry v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1907
- Fortmeyer v. National Biscuit Co.Supreme Court of Minnesota · 1911
- Jackson v. Orth Lumber Co.Supreme Court of Minnesota · 1913
- Lyford v. Jacob Schmidt Brewing Co.Supreme Court of Minnesota · 1910
3Cited by3 opinions
- Doyle v. St. Paul Union Depot Co.Supreme Court of Minnesota · 1916
- Lewis v. SamsonNew Mexico Court of Appeals · 1999
- Lewis v. SamsonNew Mexico Court of Appeals · 1999