NYQUIST v. BATCHER

No. 35,553.

235 Minn. 491 (1952)

JOHN S. NYQUIST, Jr., SPECIAL ADMINISTRATOR OF ESTATE OF HARRY S. MATHISON, v. ROBERT BATCHER.

Supreme Court of Minnesota.

January 25, 1952.


Attorney(s) appearing for the Case

McGivern & Kennedy and Bradford & Kennedy, for appellant.

Mordaunt & Mordaunt and King & Fenske, for respondent.


MATSON, JUSTICE.

Defendant appeals from an order sustaining plaintiff's demurrer to certain allegations of his answer.

Plaintiff, as special administrator of decedent's estate, brought this action under the statute for death by wrongful act, M.S.A. 573.02, to recover $10,000 damages for the death of decedent for the benefit of decedent's widow and three children, as next of kin. On August 3, 1949, decedent, Harry S. Mathison, who was then employed as the operator...

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