Erickson v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Mille Lacs county by plaintiff, as administrator of the estate of Anna Charlotte Erickson, deceased, to recover $5,000 damages on account of the death of decedent. On the trial the court, Searle, J., sustained the objection of defendant to the admission of evidence under the complaint on the ground that it did not state facts constituting a cause of action, and ordered judgment in favor of defendant.
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Action in the district court for Mille Lacs county by plaintiff, as administrator of the estate of Anna Charlotte Erickson, deceased, to recover $5,000 damages on account of the death of decedent. On the trial the court, Searle, J., sustained the objection of defendant to the admission of evidence under the complaint on the ground that it did not state facts constituting a cause of action, and ordered judgment in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.
1Opinion of the Court
START, O. J.
The plaintiff’s intestate was a child four years old, who on September 15, 1899, while playing with fire on the defendant’s right of way, was so seriously burned that she died. This action was brought to recover damages for the benefit of her next of kin, on the ground that her death was due to the negligence of the defendant. On the trial the court sustained the objection of the defendant to the admission of any evidence, on the ground that the complaint did not state facts constituting a cause of action, and ordered judgment for the defendant. The plaintiff appealed from an…
2Cases cited10 opinions
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Twist v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1888
- Stendal v. BoydSupreme Court of Minnesota · 1898
- Kayser v. LindellSupreme Court of Minnesota · 1898
- Nelson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Stimpson v. Bartex Pipe Line Co.Texas Supreme Court · 1931
- Heller v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1920
- Williams v. BoldingSupreme Court of Alabama · 1929
- Dahl v. Valley Dredging Co.Supreme Court of Minnesota · 1914
- Driscoll v. ClarkMontana Supreme Court · 1905
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