Almquist v. Wilcox
Supreme Court of Minnesota
Action in the district court for Hennepin county by the administrator of the estate of Joel Bengston, deceased, to recover $5,000 for negligence in trepanning the skull of his intestate in failing to remove the gauze in dressing the wound, by reason of which a tumor was formed on the brain, as a result whereof intestate died. The answer, for a defense, alleged a settlement by plaintiff with James L. Robinson, the employer whose negligence caused the injury to decedent.
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Action in the district court for Hennepin county by the administrator of the estate of Joel Bengston, deceased, to recover $5,000 for negligence in trepanning the skull of his intestate in failing to remove the gauze in dressing the wound, by reason of which a tumor was formed on the brain, as a result whereof intestate died. The answer, for a defense, alleged a settlement by plaintiff with James L. Robinson, the employer whose negligence caused the injury to decedent. From an order, Holt, J., sustaining plaintiff’s demurrer to that defense, defendant appealed.
1Opinion of the CourtBrown, J.
Plaintiff’s intestate was in the employ of one Robinson and engaged in tearing down an old livery barn in the city of Minneapolis. He received an injury while so engaged, solely by reason of the negligence of his employer, from which he subsequently died. Plaintiff was duly appointed administrator of his estate, and as such duly made claim against the employer for his wrongful death. The validity of the claim was recognized, and a settlement was effected by which plaintiff was paid the sum of $350 in full for all damages sustained. The settlement was reported to the probate court and by that…
2Cases cited6 opinions
- Leddy v. BarneyMassachusetts Supreme Judicial Court · 1885
- Hubbard v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Hartigan v. DicksonSupreme Court of Minnesota · 1900
- Packard v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1904
- Snyder v. Mutual Telephone Co.Supreme Court of Iowa · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hartwig v. Loyal Order of Moose, Brainerd Lodge No. 1246Supreme Court of Minnesota · 1958
- Adamson v. DoughertySupreme Court of Minnesota · 1957
- Smith v. MannSupreme Court of Minnesota · 1931
- Hooyman v. ReeveWisconsin Supreme Court · 1919
- Vineseck v. Great Northern Railway Co.Supreme Court of Minnesota · 1917
10 more not listed; retrieve them via the Exa API.