Legal Opinion

Schwarz v. Judd

Supreme Court of Minnesota

Decided October 25, 1881PublishedCited by 24 opinions

This action was brought in the district court for Washington county, by plaintiff, as administrator of Jacob Jacobi, deceased.

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This action was brought in the district court for Washington county, by plaintiff, as administrator of Jacob Jacobi, deceased. The complaint alleges that deceased, in his lifetime, paid his fare and took passage in a steamboat, owned and operated by defendants, and carrying freight and passengers- on the St. Croix river, and that owing to the unseaworthy condition of the boat and the negligence of defendants in its management, in running it against the rocks and shore of the river, he was thrown from the boat and drowned. It also contains the allegation recited in the opinion, which was…

1Opinion of the CourtMitchell, J.

This action was brought by the plaintiff as personal representative of Jacob Jacobi, deceased, under Gen. St. 1878, *372c. 77, § 2, which provides that “when death is caused by the wrongful act or omission of any party, the personal representatives of the deceased may maintain an action, if he might have maintained an action, had he lived, for an injury caused by the same act or omission. * * * The damages thereon cannot exceed $5,000, and the amount recovered is to be for the exclusive benefit of the widow and next of kin, to be distributed to them in the same proportions as the personal…

2Cases cited4 opinions

  1. Chicago & Rock Island Railroad v. MorrisIllinois Supreme Court · 1861
  2. Safford v. DrewThe Superior Court of New York City · 1854
  3. Conant v. GriffinIllinois Supreme Court · 1868
  4. Lucas v. New York Central Rail RoadNew York Supreme Court · 1855

3Cited by24 opinions

  1. Beck v. GroeSupreme Court of Minnesota · 1955
  2. Johnson v. Consolidated Freightways, Inc.Supreme Court of Minnesota · 1988
  3. Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
  4. Anderson v. FieldingSupreme Court of Minnesota · 1904
  5. Foot v. Great Northern Railway Co.Supreme Court of Minnesota · 1900

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