Sheehy v. Minneapolis & St. Louis Railroad
Supreme Court of Minnesota
Action in the district court for Le Sueur county by the administrator of the state of John Kennedy, deceased, to recover $7,500 for the death of plaintiff’s intestate. The case was tried before Morrison, J., who sustained defendant’s objection to the introduction of any testimony upon the ground the complaint did not state a cause of action. From an order denying his motion for a new trial, plaintiff appealed.
1Opinion of the CourtPhilip E. Brown, J.
Appeal by plaintiff from an order denying a new trial.
The action is one to recover for death by wrongful act. On the trial, after plaintiff had offered testimony tending to prove only formal allegations of his complaint, the court sustained defendant’s objection, interposed at the outset but not ruled upon until later, to the introduction of any evidence, upon the ground that the complaint did not state a cause of action. The pleading attacked, after requisite formal allegations, alleged the following: Employment of deceased by defendant for a long time preceding his death, as a flagman at a…
2Cases cited7 opinions
- Mackellar v. PillsburySupreme Court of Minnesota · 1892
- Anderson v. Northern Mill Co.Supreme Court of Minnesota · 1890
- Flanders v. Chicago, St. Paul, M. & O. Ry. Co.Supreme Court of Minnesota · 1892
- Ross v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
- Floan v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1907
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3Cited by3 opinions
- Jacobson v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1946
- Sheehy v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1916
- Louisville Nashville Railroad Co. v. RevermanCourt of Appeals of Kentucky (pre-1976) · 1932