Beaulieu v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Red Lake county to recover $3,000 for delay in transporting the dead body 'of plaintiff’s child over'-defendant’s road. From an order, Watts, J., overruling its demurrer ■to the amended complaint, defendant appealed..
1DissentJaggard, J.
I am unable to agree with the real major premise of the majority opinion, which concerns the distinction between actions on the contract and in tort. According to that opinion, “the difference between actions in tort and those for breach of contract is pointed out with clearness” in Francis v. Western Union Tel. Co., 58 Minn. 252, 59 N. W. 1078, 25 L. R. A. 406, 49 Am. St. 507. In the passage referred to Judge Mitchell said: “This action is not one of tort, but on contract; its gist and gravamen being the breach of the contract, the duties and obligations growing out of which are regulated by…
2Cases cited21 opinions
- Christianson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1896
- Rich v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- Larson v. ChaseSupreme Court of Minnesota · 1891
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
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