Scherer v. Schlaberg
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; Templeton, J. Action by Jacob Scherer, as administrator of the estate of Frances Scherer, against Frank Schlaberg and Frank L. Griffin. Judgment for defendants and plaintiff appeals. Contributory negligence of a parent, although a beneficiary, not a defense. Norfolk Railroad Co. v. Groseclose, 88 Va. 267, 29 Am.
Read the full summary
Appeal from District Court, Grand Forks county; Templeton, J. Action by Jacob Scherer, as administrator of the estate of Frances Scherer, against Frank Schlaberg and Frank L. Griffin. Judgment for defendants and plaintiff appeals. Contributory negligence of a parent, although a beneficiary, not a defense. Norfolk Railroad Co. v. Groseclose, 88 Va. 267, 29 Am. St. Rep. 718; Wymore v. Mahaska 'County, 43 N¡. W. 264. Negligence of one member of a family not attributable to another. Cleveland, Columbus and Cincinnati Ry. Co. v. Crawford, 24 Ohio St. 631, 15 Am. Rep. 633; Davis v. Guarnieri, 45…
1Opinion of the CourtSpalding, J.
The plaintiff, Jacob Scherer, and his wife, Anna Scherer, were on March 20, 1906, the parents of a female child named Frances one day less than three months old. As far as shown by the evidence the child was healthful up to the time of the illness hereinafter described. On Sunday, March 18, 1906, this daughter became unwell. Tuesday morning, the 20th, Dr. Taylor was called and gave directions for the treatment of the child. He called again in the afternoon, and gave Mrs. Scherer a prescription on the drug store of the defendants. The doctor told the mother to send the prescription to the drug…
2Cases cited31 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- City of Pekin v. McMahonIllinois Supreme Court · 1895
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- Byrd v. Express Co.Supreme Court of North Carolina · 1905
26 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Hazel v. Hoopeston-Danville Motor Bus Co.Illinois Supreme Court · 1923
- Hopkins v. McBaneNorth Dakota Supreme Court · 1988
- Kokesh v. PriceSupreme Court of Minnesota · 1917
- Hord v. National Homeopathic HospitalDistrict Court, District of Columbia · 1952
- Stejskal v. DarrowNorth Dakota Supreme Court · 1927
15 more not listed; retrieve them via the Exa API.