Legal Opinion

McCrossin v. Noyes Bros. & Cutler, Inc.

Supreme Court of Minnesota

Decided June 27, 1919No. 21,303PublishedCited by 10 opinions

Action in the district court for Ramsey county to recover $7,660 for the wrongful death of plaintiff’s intestate. Defendant’s demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action was overruled, Olin-B. Lewis, J., and the question presented by the demurrer certified as important and doubtful. From the order overruling the demurrer, defendant appealed.

1Opinion of the CourtHolt, J.

In overruling the demurrer to the complaint the court below certified that the question involved was important and doubtful, thus affording defendant the opportunity, which it has used, of appealing.

The action is for wrongful death. Plaintiff alleges her appointment as administratrix of the estate of John McCrossin; that defendant is a wholesale dealer in drugs, proprietary medicines and goods, compounds, poisons and supplies; that defendant on December 16, 1916, sold and delivered to the State Board of Control for this state a certain compound known in the trade as “Roach Doom,” which it…

2Cases cited9 opinions

  1. Thomas v. . WinchesterNew York Court of Appeals · 1852
  2. Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
  3. Gerkin v. Brown & Sehler Co.Michigan Supreme Court · 1913
  4. Hasbrouck v. Armour & Co.Wisconsin Supreme Court · 1909
  5. Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1908

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3Cited by10 opinions

  1. Bates v. Dow Agrosciences LLCSupreme Court of the United States · 2005
  2. Farrell v. G. O. Miller Co.Supreme Court of Minnesota · 1920
  3. Benes v. CampionSupreme Court of Minnesota · 1932
  4. Land O'Lakes Creameries, Inc., a Corporation v. La Vern HungerholtCourt of Appeals for the Eighth Circuit · 1963
  5. Missouri Slope Livestock Auction, Inc. v. WachterNorth Dakota Supreme Court · 1961

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