Watson v. St. Paul City Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county by the administrator of the estate of Lena E. Watson, to recover damages for her death. The complaint alleged that deceased left surviving her next of kin the plaintiff. At the trial defendant objected to the introduction of any evidence as to whether deceased left any children or next of kin other than as alleged in the complaint.
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Action in the district court for Ramsey county by the administrator of the estate of Lena E. Watson, to recover damages for her death. The complaint alleged that deceased left surviving her next of kin the plaintiff. At the trial defendant objected to the introduction of any evidence as to whether deceased left any children or next of kin other than as alleged in the complaint. By agreement of counsel the case was submitted to the court on the merits, on motion for judgment on the pleadings. Defendant’s motion was granted and judgment ordered for defendant, Willis, J. From the judgment…
1Opinion of the CourtBuck, J.
This action was brought to recover damages for the wrongful act of the defendant in causing the death of plaintiff’s wife. It is brought under General Statutes of 1894, § 5913, which provides that the damages recovered in such cases shall be for the exclusive benefit of the widow and next of kin, to be distributed to them in the same proportion as the personal property of the deceased. The complaint is based upon the theory that under the statute the husband is the next of kin of his wife, and entitled to receive the damages for his own benefit.
The facts in this case are as follows: About…
2Cases cited5 opinions
- Murdock v. . WardNew York Court of Appeals · 1876
- Haraden v. LarrabeeMassachusetts Supreme Judicial Court · 1873
- Dickins v. . the New York Central Railroad CompanyNew York Court of Appeals · 1861
- Western Union Tel. Co. v. McGillCourt of Appeals for the Eighth Circuit · 1893
- Drake v. . GilmoreNew York Court of Appeals · 1873
3Cited by14 opinions
- Mattfeld v. NesterSupreme Court of Minnesota · 1948
- State v. JonesSupreme Court of Minnesota · 2004
- Boeing v. OwsleySupreme Court of Minnesota · 1913
- Wynkoop v. CarpenterSupreme Court of Minnesota · 1998
- Lincoln v. Detroit & Mackinac Railway Co.Michigan Supreme Court · 1914
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