Nyquist v. Batcher

Matson, Justice.

Defendant appeals from an order sustaining plaintiff’s demurrer to certain allegations of his answer.

Plaintiff, as special administrator of decedent’s estate, brought this action under the statute for death by wrongful act, M. S. A. 573.02, to recover $10,000 damages for the death of decedent for the benefit of decedent’s widow and three children, as next of kin. On August 3, 1949, decedent, Harry S. Mathison, who was then employed as the operator of an oil transport truck of John A. Kuether, doing business as Mille Lacs Transport Company — hereinafter referred to as the…