Burns v. Millers Mutual Casualty Co.
Supreme Court of Minnesota
Action in tbe municipal court of Waseca to recover $499 for the loss of an eye. Tbe substance of tbe complaint will be found at the beginning of the opinion. Defendant demurred to the complaint on tbe grounds that it did not state facts sufficient to constitute a cause of action; that the action was brought more than a year after the injury; that the court had no jurisdiction of defendant’s person or of the subject matter of the action.
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Action in tbe municipal court of Waseca to recover $499 for the loss of an eye. Tbe substance of tbe complaint will be found at the beginning of the opinion. Defendant demurred to the complaint on tbe grounds that it did not state facts sufficient to constitute a cause of action; that the action was brought more than a year after the injury; that the court had no jurisdiction of defendant’s person or of the subject matter of the action. The demurrer was overruled, Conway, J. From the order overruling the demurrer defendant appealed to the district court for Waseca county upon questions of law…
1Opinion of the Court
Lees, C.
This action was brought in the municipal court of Waseca. The complaint alleged that in March, 1917, while employed by the Waterville Furniture Company, plaintiff sustained a personal injury which arose out of and in the course of such employment; that he and his employer were both subject to the provisions of the Workmen’s Compensation Act; that the latter was insured pursuant to section 8227, G. S. 1913; that due notice of The injury was given; that'the injury sustained resulted in the permanent loss of 50 per cent of the use of one of plaintiff’s eyes; that his daily wage was…
2Cases cited1 opinion
- Wrolson v. AndersonSupreme Court of Minnesota · 1893
3Cited by3 opinions
- Huhn v. Foley Bros. Inc.Supreme Court of Minnesota · 1946
- State Ex Rel. Haddock Engineers, Ltd. v. SwopeNew Mexico Supreme Court · 1952
- Brennan v. CavanaughSupreme Court of Minnesota · 1929