Legal Opinion

Moehlenbrock v. Parke, Davis & Co.

Supreme Court of Minnesota

Decided November 29, 1918No. 21,034PublishedCited by 22 opinions

Action in the district court for Blue Earth county by the administrator of the estate of Albert E. Moehlenbrock, deceased, against Parke, Davis & Company, a corporation, John P. Eosenwald and Eoy M. Andrews, to recover $7,500 for the death and funeral expenses of his intestate.

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Action in the district court for Blue Earth county by the administrator of the estate of Albert E. Moehlenbrock, deceased, against Parke, Davis & Company, a corporation, John P. Eosenwald and Eoy M. Andrews, to recover $7,500 for the death and funeral expenses of his intestate. The complaint, among other matters, alleged that the individual defendants, as physicians and surgeons, undertook to operate upon the intestate and for such purpose they administered to him certain ether as an anaesthetic which had been manufactured by defendant corporation as safe and suitable for such use; that the…

1Opinion of the CourtHolt, J.

On March 26, 1914, while being operated on for the removal of his tonsils, plaintiff’s intestate died. This action was brought, in behalf of the next of kin, against the two doctors who performed the operation and against Parke, Davis & Company, the manufacturer of the ether used, alleging that the death was caused by the negligence of the defendants. The verdict was against all. Parke, Davis & Company made a separate motion for judgment notwithstanding the verdict or a new trial. The appeal is from the order denying the motion.

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2Cases cited19 opinions

  1. Stafford v. City of OskaloosaSupreme Court of Iowa · 1882
  2. City of Bloomington v. ShrockIllinois Supreme Court · 1884
  3. Flaherty v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1888
  4. Wittenberg v. OnsgardSupreme Court of Minnesota · 1899
  5. Johnson v. Northwestern Tel. Exch. Co.Supreme Court of Minnesota · 1892

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3Cited by22 opinions

  1. State Stove Manufacturing Company v. HodgesMississippi Supreme Court · 1966
  2. Klingbeil v. TruesdellSupreme Court of Minnesota · 1959
  3. Ellis v. LindmarkSupreme Court of Minnesota · 1929
  4. Briggs v. Chicago Great Western Railway Co.Supreme Court of Minnesota · 1953
  5. Moehlenbrock v. Parke, Davis & Co.Supreme Court of Minnesota · 1920

17 more not listed; retrieve them via the Exa API.

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