Eckart v. Kiel
Supreme Court of Minnesota
Two actions in tbe district court for Ereeborn county, one by the father on behalf of his minor son to recover $5,000 for personal injuries sustained by the latter, and the other by the father on his. own behalf to recover $1,400 for medical expenses incurred and for loss of services of the minor during his minority. The cases were tried together before Kingsley, J., who when plaintiff rested granted defendant’s motion to dismiss the actions without prejudice.
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Two actions in tbe district court for Ereeborn county, one by the father on behalf of his minor son to recover $5,000 for personal injuries sustained by the latter, and the other by the father on his. own behalf to recover $1,400 for medical expenses incurred and for loss of services of the minor during his minority. The cases were tried together before Kingsley, J., who when plaintiff rested granted defendant’s motion to dismiss the actions without prejudice. Eroin an order denying plaintiff’s motion for a new trial in each action, he appealed.
1Opinion of the CourtHallam, J.
Emil Eckart was injured by the explosion of a dynamite cap on December 27, 1910. These actions were brought to recover damages on allegation that the injury was caused by the negligence of defendant. The actions were tried together. At the conclusion of plaintiffsr testimony the defendant moved for a dismissal of each case on the ground that there was a failure to prove a cause of action. The motions were granted. Plaintiffs moved for a new trial. This was-denied and plaintiffs appeal. The only question on this appeal is; whether the evidence made out a case for submission to the jury as; to…
2Cases cited5 opinions
- Mattson v. Minnesota & North Wisconsin RailroadSupreme Court of Minnesota · 1905
- Vills v. City of CloquetSupreme Court of Minnesota · 1912
- Schuek v. HagarSupreme Court of Minnesota · 1877
- Dallemand v. JanneySupreme Court of Minnesota · 1892
- Schloss v. JosephsSupreme Court of Minnesota · 1906
3Cited by17 opinions
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- Diehl Ex Rel. Diehl v. A. P. Green Fire Brick Co.Supreme Court of Missouri · 1923
- Southwest Cotton Co. v. ClementsArizona Supreme Court · 1923
- Bogdon v. Los Angeles & S. L. R.Utah Supreme Court · 1922
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