Legal Opinion

Keiper v. Anderson

Supreme Court of Minnesota

Decided November 30, 1917No. 20,548PublishedCited by 15 opinions

Action by the administratrix of the estate of Edward E. Keiper. deceased, to recover $7,500 for the death of her intestate. From orders of the district court for St. Louis county, Cant, J., overruling their separate demurrers to the complaint, defendants appealed. A. Section 8175, G-. S. 1913, gives a cause of action only in cases of personal injury caused by a tort, the cause of action for which would abate upon the death of the injured party. It specifies nothing but tort.

Read the full summary

Action by the administratrix of the estate of Edward E. Keiper. deceased, to recover $7,500 for the death of her intestate. From orders of the district court for St. Louis county, Cant, J., overruling their separate demurrers to the complaint, defendants appealed. A. Section 8175, G-. S. 1913, gives a cause of action only in cases of personal injury caused by a tort, the cause of action for which would abate upon the death of the injured party. It specifies nothing but tort. It does not give the right to assert the cause of action of the injured person, but gives an entirely new cause of…

1Opinion of the CourtBunn, J.

The defendants demurred separately to the complaint on the ground that the facts stated did not constitute a cause of action. Both demurrers were overruled, and the court certifying that the questions presented were in its opinion important and doubtful, each defendant appealed from the order overruling his demurrer.

Plaintiff is the widow and administratrix of the estate of Edward E. Keiper, deceased, and brings the action under 6. S. 1913, § 8175, to recover damages for his death on the theory that it was caused by the wrongful acts or omissions of the defendants. The allegations of the…

2Cases cited15 opinions

  1. Staloch v. HolmSupreme Court of Minnesota · 1907
  2. Anderson v. FieldingSupreme Court of Minnesota · 1904
  3. Martin v. Walter CourtneySupreme Court of Minnesota · 1899
  4. State ex rel. Carlson v. District Court of Hennepin CountySupreme Court of Minnesota · 1915
  5. Barron v. LiedloffSupreme Court of Minnesota · 1905

10 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
  2. Glorvigen v. Cirrus Design Corp.Supreme Court of Minnesota · 2012
  3. Shumway v. NelsonSupreme Court of Minnesota · 1961
  4. In Re Estate of DanielSupreme Court of Minnesota · 1940
  5. Cashman v. HedbergSupreme Court of Minnesota · 1943

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API