Lahti v. Oliver Iron Mining Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county by the administrator of the estate of Hjalmar Laukkonen to recover $5,000 for his wrongful death. From an order, Dibell, J., overruling its demurrer to the complaint, the Oliver Iron Mining Company appealed.
1Opinion of the CourtElliott, J.
This is an appeal by the Oliver Iron Mining Company from an order overruling a general demurrer to the complaint interposed by it in an action brought by Herman Lahti, as administrator, against the Oliver Iron Mining Company and the Drake-Stratton Company. If is contended that the complaint does not state a cause of action against the appellant, because it fails (1) to charge negligence on the part of the appellant, and (2) to show that the deceased left a surviving widow or next of kin for whose benefit the action may be maintained. The trial court in his memorandum says:
“The plaintiff was…
2Cases cited4 opinions
- Foot v. Great Northern Railway Co.Supreme Court of Minnesota · 1900
- Schwarz v. JuddSupreme Court of Minnesota · 1881
- Sykora v. Case Threshing-Mach. Co.Supreme Court of Minnesota · 1894
- Stewart v. Great Northern Railway Co.Supreme Court of Minnesota · 1908
3Cited by3 opinions
- Austro-Hungarian Consul v. G. A. WestphalSupreme Court of Minnesota · 1912
- Moore v. PalenSupreme Court of Minnesota · 1949
- Vander Wegen v. Great Northern Railway Co.Supreme Court of Minnesota · 1911