Foot v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county by plaintiff, as administrator de bonis non of the estate of Michael Fanning, deceased, to recover damages on account of the death of decedent. From an order, Otis, J., sustaining a demurrer to the reply, plaintiff appealed.
1Opinion of the CourtLewis, J.
The complaint alleges that one Michael Fanning was so injured by defendant that he died from the effects thereof; that his widow, Ellen Fanning, was appointed administratrix of his estate, but had been removed, and plaintiff appointed in her place. The action is brought to recover $5,000 for causing the death, under G-. S. 1894, § 5913. The answer set up as a defense a compromise and settlement made between such administratrix and defendant, and a release of damages. To this answer plaintiff replied by alleging that Michael Fanning left surviving him Ellen Fanning, the widow, and five…
2Cases cited6 opinions
- Schwarz v. JuddSupreme Court of Minnesota · 1881
- Sykora v. Case Threshing-Mach. Co.Supreme Court of Minnesota · 1894
- Parker v. Providence & Stonington Steamboat Co.Supreme Court of Rhode Island · 1891
- Holder v. RailroadTennessee Supreme Court · 1892
- State ex rel. Krey v. Probate CourtSupreme Court of Minnesota · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Johnson v. Consolidated Freightways, Inc.Supreme Court of Minnesota · 1988
- Chisholm v. GilmerCourt of Appeals for the Fourth Circuit · 1936
- Austro-Hungarian Consul v. G. A. WestphalSupreme Court of Minnesota · 1912
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. GipeIndiana Supreme Court · 1903
- Swift & Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1905
23 more not listed; retrieve them via the Exa API.