Jones v. Minnesota Transfer Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county by the special administrator of the estate of Allen D. Close, deceased, to recover $5,000 for the death of his intestate. The defendant demurred on the ground (1) That the plaintiff had not legal capacity to sue in this kind of action or to recover damages, and (2) The facts stated did not constitute a cause of action. From an order overruling defendant’s demurrer to the complaint, it appealed.
1Opinion of the Court
Start, O. J.
Appeal by defendant from an order of the district court of the county of Ramsey overruling its general demurrer to the complaint in this a personal injury action. The sole question to be decided is whether a special administrator has a right to maintain the action given by statute for the recovery of damages for death by wrongful act or omission.
The statute giving such cause of action (R. L. 1905, § 4503) provides that the personal representative of such decedent may maintain an action therefor, if commenced within two years after the act or omission, for the exclusive benefit of…
2Cases cited5 opinions
- Aho v. Republic Iron & Steel Co.Supreme Court of Minnesota · 1908
- Louisville & Nashville Railroad v. ChaffinSupreme Court of Georgia · 1889
- Mayer v. MayerSupreme Court of Minnesota · 1909
- H. & T. C. R'y Co. v. HookTexas Supreme Court · 1883
- Swan v. NorvellWisconsin Supreme Court · 1900
3Cited by7 opinions
- Mattfeld v. NesterSupreme Court of Minnesota · 1948
- Henkel v. HoodNew Mexico Supreme Court · 1945
- Bombolis v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1914
- Loegering v. County of ToddDistrict Court, D. Minnesota · 1960
- Castigliano v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
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