Benedict v. Minneapolis & St. Louis Railroad
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin county, Pond, J., sustaining a demurrer to the complaint.
1Opinion of the CourtLovely, J.
Plaintiff, as administratrix, seeks to recover for the death of her son, occurring through the alleged negligence of defendant, who demurs to the complaint upon the ground that it does not state a cause of action. The demurrer was sustained, from which order plaintiff appeals.
The essential facts in the complaint are as follows: During the summer season of 1901 defendant operated trains between Minneapolis and points on Lake Minnetonka. Defendant’s passenger station is near the center of the city, and its tracks extend four miles westerly therefrom within the corporate limits. Two-fifths of a…
2Cases cited15 opinions
- Smith v. St. Paul City Railway Co.Supreme Court of Minnesota · 1884
- Twist v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1888
- Masser v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
- Carrico v. W. Va. Cent. & Pa. R'y. Co.West Virginia Supreme Court · 1891
- Dietrich v. Baltimore & Hall's Springs Railway Co.Court of Appeals of Maryland · 1882
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
- Shotts v. Standard Oil Co.Supreme Court of Minnesota · 1930
- Leban v. Range Rapid Transit Co.Supreme Court of Minnesota · 1926
- Talbert v. Charleston & W. C. Ry. Co.Supreme Court of South Carolina · 1914
- Huber v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1904
4 more not listed; retrieve them via the Exa API.