Sykora v. Case Threshing-Mach. Co.
Supreme Court of Minnesota
Appeal by defendant, the J. I. Case Threshing Machine Company, from an order of the District Court of Cottonwood County, P. E. Brown, J., made March 5, 1894, sustaining a demurrer to the answer. Frank Sykora Jr. and Ira Harper bought of Defendant September 6, 1894, a separator for threshing grain which that corporation had manufactured at Eacine, Wis.
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Appeal by defendant, the J. I. Case Threshing Machine Company, from an order of the District Court of Cottonwood County, P. E. Brown, J., made March 5, 1894, sustaining a demurrer to the answer. Frank Sykora Jr. and Ira Harper bought of Defendant September 6, 1894, a separator for threshing grain which that corporation had manufactured at Eacine, Wis. While they were operating it on October 3, 1892, the cylinder revolving rapidly flew apart and pieces struck and killed Sykora. The bands around the cylinder were not of good material or properly welded, and the cylinder cap was imperfect and…
1Opinion of the CourtMitchell, J.
This action was brought under 1878 G-. S. ch. 77, § 2, as amended by Laws 1891, ch. 123, to recover damages for the death of plaintiff’s intestate, alleged to have been caused by the wrongful act of the defendant. The complaint alleges that the deceased left no widow, and that his father was his next of kin. The defendant, in its answer, set up, among other defenses, that prior to the commencement of the action the father, being the only person that was, or in any event could be, entitled to receive the damages recoverable for the death of the deceased, had, for a valuable consideration paid…
2Cases cited3 opinions
- Schmidt v. DeeganWisconsin Supreme Court · 1887
- Wiswell v. WiswellSupreme Court of Minnesota · 1886
- Stuebing v. MarshallNew York Court of Common Pleas · 1882
3Cited by19 opinions
- Kennedy v. DavisSupreme Court of Alabama · 1911
- Christe v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1898
- Prescott v. SwansonSupreme Court of Minnesota · 1936
- Arnold v. TurekWest Virginia Supreme Court · 1991
- Foot v. Great Northern Railway Co.Supreme Court of Minnesota · 1900
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