Jackson v. Orth Lumber Co.
Supreme Court of Minnesota
Action in the district court for Itasca county by the administrator of the estate of A. O. Clyde, deceased, against the Orth Lumber Company and E. M. Grimm to recover $5,000 for the wrongful death of plaintiff’s intestate. Erom an order, Stanton, J., overruling defendants’ demurrer to the complaint, it appealed.
1Opinion of the Court
Taylor, C.
Both defendants demur to the complaint on the ground that a cause of action against the defendant lumber company, and a cause of action against the defendant Grimm, are improperly united. Defend*462ant Grimm also demurs upon the further ground that the complaint fails to state a cause of action as against him.
It appears from the complaint that the lumber company owns and operates a sawmill of which defendant Grimm has full charge as general manager; that certain wheels, gears, and machinery in the mill, which it was practicable and feasible to guard and protect, were negligently left…
2Cases cited6 opinions
- Mayberry v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1907
- Fortmeyer v. National Biscuit Co.Supreme Court of Minnesota · 1911
- Griffiths v. WolframSupreme Court of Minnesota · 1875
- Brower v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1910
- Morey v. Shenango Furnace Co.Supreme Court of Minnesota · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Waylander-Peterson Co. v. Great Northern Ry. Co.Court of Appeals for the Eighth Circuit · 1953
- Lawrence v. Great Northern Ry. Co.District Court, D. Minnesota · 1951
- Doyle v. St. Paul Union Depot Co.Supreme Court of Minnesota · 1916
- E. H. Emery & Co. v. American Refrigerator Transit Co.Supreme Court of Iowa · 1922
- Burrichter v. Chicago, M. & St. P. Ry. Co.District Court, D. Minnesota · 1925
1 more not listed; retrieve them via the Exa API.