Kohler v. W. J. Jennison Co.
Supreme Court of Minnesota
Action in the district court for Swift county by the administrator of the estate of Milton Kohler, deceased, to recover $7,500 for the death of his intestate by drowning in defendant’s mill pond.
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Action in the district court for Swift county by the administrator of the estate of Milton Kohler, deceased, to recover $7,500 for the death of his intestate by drowning in defendant’s mill pond. The answer specifically denied that Milton Kohler was drowned by reason of any negligent act, conduct or omission of defendant, and alleged that deceased was at the time of his death trespassing on the ice and mill pond, without the knowledge, invitation, permission or consent of defendant. The case was tried before Powers, J., and a jury which returned a verdict in favor of plaintiff for $500.…
1Per curiam
Defendant owns a mill pond in the village of Appleton. On December 28, 1912, Milton Kohler, a child of six years and nine months, was drowned by falling through a hole in the ice of the pond. *134The jury found for plaintiff. Defendant moved for judgment notwithstanding the verdict. The motion was denied, judgment entered and defendant appealed.
The facts are as follows: This pond was about two and one-half miles long and 185 feet wide at the widest part. The mill proper-stands at one end of the dam. Above and adjoining the mill is a warehouse 100 feet long. About 85 feet above the dam are two…
2Cases cited2 opinions
- Hyatt v. MurraySupreme Court of Minnesota · 1907
- Kremkoski v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
3Cited by7 opinions
- Davies v. Land O' Lakes Racing Ass'nSupreme Court of Minnesota · 1955
- Johnson v. Theo. Hamm Brewing Co.Supreme Court of Minnesota · 1942
- Fiel v. City of RacineWisconsin Supreme Court · 1930
- Mull v. Roosevelt Irr. Dist.Arizona Supreme Court · 1954
- Mosher v. Anton G. Hanson Co.Supreme Court of Minnesota · 1934
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