Legal Opinion

State ex rel. City of Duluth v. District Court

Supreme Court of Minnesota

Decided July 7, 1916No. Nos. 19,935—(261)PublishedCited by 9 opinions

Upon the relation of the city of Duluth this court granted its writ of certiorari to review a judgment of the district court for St. Louis county, Fesler, J., in proceedings under the Workmen’s Compensation Act brought by the dependent parents of Neil Mooney, employee, against the city of Duluth, employer.

1Opinion of the CourtHallam, J.

A policeman in the employ of the city of Duluth was killed while in the discharge of his duty. This proceeding is brought by his dependents under the Minnesota Workmen’s Compensation Act (G. S. 1913, §§ 8195-8231) to recover compensation. The main question in the case is, does the compensation act apply to a member of the police force of the city of Duluth? The trial court held that the act does apply. We agree with the trial court.

The act in general applies to "employees” and "workmen.” This case *27depends on the question whether a policeman is an “employee” or “workman.” G. S. 1913, § 8230,-…

2Cases cited7 opinions

  1. Crovatt v. MasonSupreme Court of Georgia · 1897
  2. State v. GardnerSupreme Court of Minnesota · 1902
  3. Blynn v. City of PontiacMichigan Supreme Court · 1915
  4. People Ex Rel. Joyce v. . BrundageNew York Court of Appeals · 1879
  5. State ex rel. Rumbold v. GordonSupreme Court of Missouri · 1911

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

3Cited by9 opinions

  1. Fahler v. City of MinotNorth Dakota Supreme Court · 1923
  2. State ex rel. City of Duluth v. District CourtSupreme Court of Minnesota · 1916
  3. Shandy v. City of OmahaNebraska Supreme Court · 1934
  4. McDaniel v. City of BensonSupreme Court of Minnesota · 1926
  5. Rooney v. City of OmahaNebraska Supreme Court · 1920

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

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