Rugland v. Anderson
Supreme Court of Minnesota
Action for damages brought in the district court for Freeborn county, for the death of plaintiff’s intestate. The defendants having moved for judgment on the pleadings, it was stipulated that the death of plaintiff’s intestate was caused by defendants’ wrongful acts and omissions, under such circumstances as to give plaintiff, as administrator, a right of action under Gen. St. 1878, e. 77, § 2; that the injuries were inflicted August 5, 1880, and that death ensued on that…
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Action for damages brought in the district court for Freeborn county, for the death of plaintiff’s intestate. The defendants having moved for judgment on the pleadings, it was stipulated that the death of plaintiff’s intestate was caused by defendants’ wrongful acts and omissions, under such circumstances as to give plaintiff, as administrator, a right of action under Gen. St. 1878, e. 77, § 2; that the injuries were inflicted August 5, 1880, and that death ensued on that day; that plaintiff was appointed administrator September 18, 1880, and that this action was begun August 30, 1882. The…
1Opinion of the Court
By the Court.
The right to maintain an action of this kind being created by Gen. St. 1878, c. 77, § 2, is such as that section gives and no other. Nash v. Tousley, 28 Minn. 5. It is, therefore, subject to the limitation which that section prescribes, viz.: that it must “be commenced within two years after the act or omission by which the death was caused.” To this limitation the statute makes no exception, and none can be made by construction.
jLet judgment be entered in the district court for defendants.
2Cases cited1 opinion
- Nash v. TousleySupreme Court of Minnesota · 1881
3Cited by20 opinions
- Russell v. Ingersoll-Rand Co.Texas Supreme Court · 1992
- DeCosse v. Armstrong Cork Co.Supreme Court of Minnesota · 1982
- Regie De L'Assurance Automobile Du Quebec v. JensenSupreme Court of Minnesota · 1987
- Ortiz Ex Rel. Ortiz v. GavendaSupreme Court of Minnesota · 1999
- Cashman v. HedbergSupreme Court of Minnesota · 1943
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