Stewart v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Beltrami county by Anna E. Stewart, as administratrix of the estate of Tobey R. Irwin, deceased, to recover $5,000 damages for the death of plaintiff’s intestate. Erom an order, Spooner, J., overruling its demurrer to the complaint, defendant appealed.
1Opinion of the Court
ELIjIOTT, j.
This is an action brought by Anna E. Stewart, as administratrix of the estate of Toby R. Irwin, deceased, against the Great Northern Railway' Company, to recover damages for the wrongful killing of Toby R. Irwin by the defendant in the state of North Dakota. The defendant demurred to the complaint on the ground that it does not state facts sufficient to constitute a cause of action, and the appeal is from an order overruling the demurrer. The defect in the complaint is the failure to plead any statute of North Dakota which confers the right to maintain this action upon the…
2Cases cited5 opinions
- Whitlow v. Nashville, Chattanooga & St. Louis Railway Co.Tennessee Supreme Court · 1904
- Usher v. West Jersey R.Supreme Court of Pennsylvania · 1889
- Lee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- McGinnis v. Missouri Car & Foundry Co.Supreme Court of Missouri · 1903
- Powell v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
3Cited by7 opinions
- Bond v. Pennsylvania RailroadSupreme Court of Minnesota · 1914
- Fournier v. Marigold Foods, Inc.District Court, D. Minnesota · 1988
- Brown v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1915
- Moore v. PalenSupreme Court of Minnesota · 1949
- Lahti v. Oliver Iron Mining Co.Supreme Court of Minnesota · 1908
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