Mahoney v. St. Paul City Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county by the administrator of the estate of John Dean, deceased, to recover $7,500 for the death of his intestate. The answer alleged the accident was due to carelessness and negligence on the part of decedent. The case was tried before Clin B. Lewis, J., and a jury which returned a verdict for $1,000. From an order denying defendant’s motion for judgment notwithstanding the verdict, it appealed.
1Opinion of the Court
Pee Cueiam.
Action by an administrator to recover for the wrongful' death of his intestate. Defendant at the trial admitted that its negligence caused the death, but objected to the introduction of any evidence on the ground that the complaint did not state facts constituting a cause of action, the particular defect being that, although it alleged that deceased left a widow and minor son dependent upon him, it stated that the damages claimed resulted to the plaintiff, the administrator. The objection was overruled, and evidence received as to the pecuniary loss of the widow and son. At the…
2Cases cited2 opinions
- Prigge v. SelzSupreme Court of Minnesota · 1916
- Hoggarth v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1917
3Cited by3 opinions
- Smith v. Gray Motor Co.Supreme Court of Minnesota · 1926
- Rowan v. AllenCourt of Appeals of Texas · 1938
- Royal Manufacturing Co. v. Garfield Sanitary Felt Co.Appellate Court of Illinois · 1925