Legal Opinion
Nash v. Tousley
Supreme Court of Minnesota
Decided May 6, 1881PublishedCited by 14 opinions
Plaintiff brought this action in the district court for Le Sueur county, under Gen. St. 1878, c. 77, § 2, to recover damages for the death of his son, occasioned by the alleged negligence of the defendant. Defendant demurred to the complaint because the action should be brought by an executor or administrator of the deceased. Plaintiff appeals from an order by Macdonald, J., sustaining the demurrer.
1Opinion of the CourtBerry, J.
“A cause of action arising out of an injury to the person dies with the person of either party, except as provided in the next section.” Gen. St. 1878, c. 77, § 1. “When death is caused by the wrongful act or omission of any party, the personal representatives of the deceased may maintain an action, if he might have maintained an action, had he lived, for an injury caused by the same act or omission; but the action shall be commenced within two years after the act or omission by which the death was caused. The. dam*6ages thereon cannot exceed $5,000, and the amount recovered is to be for the…
2Cases cited2 opinions
- Jones v. TainterSupreme Court of Minnesota · 1870
- Atkinson v. DuffySupreme Court of Minnesota · 1870
3Cited by14 opinions
- St. Louis, I. M. & S. Ry. Co. v. NeedhamCourt of Appeals for the Eighth Circuit · 1892
- Missouri, K. & T. Ry. Co. v. LenahanSupreme Court of Oklahoma · 1913
- Cashman v. HedbergSupreme Court of Minnesota · 1943
- Major v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
- Swift & Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1905
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