Legal Opinion

State ex rel. Ernest Fleckenstein Brewing Co. v. District Court

Supreme Court of Minnesota

Decided October 27, 1916No. Nos. 19,978—(139)PublishedCited by 29 opinions

Upon the relation of Ernest Fleckenstein Brewing Company this court granted its writ of certiorari to review the action of the district court for Bice county, Childress, J., in proceedings under the Workmen’s Compensation Act brought by George Schell, administrator of the estate of Kasper Schell, deceased, as employee, against relator, as employer, to recover compensation for the death of his intestate.

1Opinion of the CourtHallam, J.

Kasper Schell, an employee of relator, met with death in the course of his employment in relator’s brewery. Proceeding was instituted to enforce liability under the Workmen’s Compensation Act in favor of his mother and father. Two principal questions arise:

First, was the death of deceased caused by accident?

Second, if so, were his parents partially dependent upon him?

The burden of proof is upon claimants as to both propositions.

1. Deceased was a boy of 17, in good health. He was about to test bottles of beer for defects or “specks” by subjecting them to electric light. A special testing…

2Cases cited3 opinions

  1. Ephland v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1894
  2. Culberson v. Chicago, Milwaukee & St. Paul Railway Co.Missouri Court of Appeals · 1892
  3. State ex rel. Globe Indemnity Co. v. District CourtSupreme Court of Minnesota · 1916

3Cited by29 opinions

  1. Griffith v. Cole Bros.Supreme Court of Iowa · 1917
  2. King v. SpencerSupreme Court of Connecticut · 1932
  3. Milwaukee Basket Co. v. WieckiWisconsin Supreme Court · 1921
  4. Crowder v. Woodward Iron Co.Supreme Court of Alabama · 1924
  5. Clover Fork Coal Company v. AyresCourt of Appeals of Kentucky (pre-1976) · 1927

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