Scheffler v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Scott, county, Macdonald, J., presiding, refusing a new trial.
1Opinion of the Court
Gilfillan, C. J.1
The action is brought by 'a father to recover for the killing, through the alleged negligence of the defendant, of his son, a child 17 months old, whereby the plaintiff, as he alleges, has been and will be deprived of the services of said son. The statute provides: “A cause of action arising out of an injury to the person dies with the person of either party.” Gen. St. 1878, c. 77, § 1.. This is only declaratory of the rule at common law. Insurance Co. v. Brame, 95 U. S. 754, and cases cited; Carey v. Berkshire R. Co., 1 Cush. 475. The statute (Gen. St. 1878, c. 77, § 2,)…
2Cases cited2 opinions
- Insurance Co. v. BrameSupreme Court of the United States · 1878
- Nash v. TousleySupreme Court of Minnesota · 1881
3Cited by10 opinions
- Louisville, New Albany & Chicago Railway Co. v. MillerIndiana Supreme Court · 1894
- Negaubauer v. Great Northern Railway Co.Supreme Court of Minnesota · 1904
- Swift & Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1905
- Albrecht v. PotthoffSupreme Court of Minnesota · 1934
- Harshman v. Northern Pacific Railway Co.North Dakota Supreme Court · 1905
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