Legal Opinion

Scheffler v. Minneapolis & St. Louis Railway Co.

Supreme Court of Minnesota

Decided December 8, 1884PublishedCited by 32 opinions

Plaintiff, the father and administrator of Anton Sckeffler, a child 18 months old, brought this action (under Gen. St. 1878, c. 77, § 2) to recover $5,000 damages sustained by the next of kin of the intestate, in consequence of his death, which was caused, as alleged in the com- - plaint, by the defendant’s negligence.

Read the full summary

Plaintiff, the father and administrator of Anton Sckeffler, a child 18 months old, brought this action (under Gen. St. 1878, c. 77, § 2) to recover $5,000 damages sustained by the next of kin of the intestate, in consequence of his death, which was caused, as alleged in the com- - plaint, by the defendant’s negligence. A former action by the same plaintiff for his damages by reason of the loss of his child’s services is reported supra, p. 125. The complaint alleges that the deceased had' always from the time of his birth been in good health and free from any bodily infirmity, and that at the…

1Opinion of the CourtBerry, J.

Under Gen. St. 1878, c. 77, § 2, the plaintiff, as administrator, brings this action to recover damages for the death of his son (18 months old) through the alleged negligence of defendant’s locomotive engineer. Owing to the fact that another action was pending to recover for the loss by the plaintiff, as father, of the services of the deceased up to the age of 21 years, (see Scheffler v. Minn. & St. L. Ry. Co., ante, p. 125,) only such damages were claimed on the trial of the present action as would accrue to the plaintiff as next of kin by reason of the loss of such pecuniary benefits as he…

2Cases cited5 opinions

  1. Donaldson v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1865
  2. Shaber v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1881
  3. Walters v. C., R. I. & P. R.Supreme Court of Iowa · 1875
  4. Opsahl v. JuddSupreme Court of Minnesota · 1883
  5. Christenson v. American Express Co.Supreme Court of Minnesota · 1870

3Cited by32 opinions

  1. Paine v. Gamble Stores, Inc.Supreme Court of Minnesota · 1938
  2. Palmer v. Oregon Short Line R.Utah Supreme Court · 1908
  3. Ruehl v. Lidgerwood Rural Telephone Co.North Dakota Supreme Court · 1912
  4. Atchison, Topeka & Santa Fe Railway Co. v. RyanSupreme Court of Kansas · 1901
  5. City of Elwood v. AddisonIndiana Court of Appeals · 1901

27 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API