Erskine v. McIlrath
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Ramsey county, Egan, J., granting a motion to strike out certain allegations of the amended complaint.
1Opinion of the CourtCanty, J.
Plaintiff brought an action on behalf of his infant son, under the statute, and in his complaint alleged that on July 20, 1876, said defendant was operating a certain line of railroad, and that said infant son was injured by reason of the negligence of defendant’s servants engaged in operating his construction train on said railroad. Defendant appeared and answered, and thereafter gave plaintiff leave to amend his complaint, as appears by two letters written by defendant’s attorney to plaintiff’s attorney. In the last letter it is stated: “We much prefer to try the case as soon as May, unless…
2Cited by2 opinions
- Cochrane v. FullerAlabama Court of Appeals · 1919
- Farmers & Merchants State Bank v. Hampton Farmers Elevator Co.Supreme Court of Minnesota · 1927