Vander Wegen v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county by the administrator of the estate of Henry Vander Wegen, deceased, to recover $25,-000 for the death of his intestate. From an order, Kelly, J., overruling its demurrer to the complaint, defendant appealed.
1Opinion of the CourtStart, C. J.
Appeal from an order of the district court of the county of Eamsey overruling a general demurrer interposed by the defendant to the complaint herein. The allegations of the complaint, here material, are to the effect following:
On October 30, 1909, at Goodale, in the state of Montana, the plaintiff’s intestate was in the employ of the defendant in the capacity of a locomotive fireman on one of its engines. He was then and there, solely by reason of the defendant’s negligence in not keeping the engine in a safe condition, thrown upon defendant’s railway track and run over by a freight train,…
2Cases cited5 opinions
- Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
- Anderson v. FieldingSupreme Court of Minnesota · 1904
- Schwarz v. JuddSupreme Court of Minnesota · 1881
- Fryklund v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
- Lahti v. Oliver Iron Mining Co.Supreme Court of Minnesota · 1908
3Cited by3 opinions
- Fournier v. Marigold Foods, Inc.District Court, D. Minnesota · 1988
- Melzner v. Northern Pacific Ry. Co.Montana Supreme Court · 1912
- Smelser v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1914