Minnesota Supreme Court, 1880

Green v. Thompson

Green v. Thompson
Minnesota Supreme Court · Decided April 20, 1880
26 Minn. 500; 5 N.W. 376; 1880 Minn. LEXIS 199 (Minnesota Reports)

Counsel

Oscar Stephenson, for plaintiff., Geo. B. Young, for executors of Thompson.

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(as of 9/30/2026)

Last cited by a Minnesota appellate court in 2004, among the opinions in this site’s citation index.

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Green v. Thompson

Cases that cite this one

8 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

By the Court.

Action for an injury to the person of plaintiff’s testator, causing his death; there being no contract relation connected with the injury. After a demurrer to the complaint had been overruled, defendant, Thompson died. This is a motion to substitute his executors as parties defendant.

At common law, a cause of action for a pure personal tort died with the death of either party. It is the same under the statute, except as changed by Gen. St. 1878, c. 77, § 2. The change effected by that section does not extend to preserving the cause of action in such case against the representatives of the deceased tort-feasor.

Motion denied.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.