Minnesota Supreme Court, 1915

State ex rel. Carlson v. District Court of Hennepin County

Minnesota Supreme Court · Decided November 5, 1915 · Bunn

131 Minn. 96; 154 N.W. 661; 1915 Minn. LEXIS 789 (Minnesota Reports)

Counsel

Olof L. Bruce, for relator., Bolertson & Bonner, for respondent.

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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.

(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1973, among the opinions in this site’s citation index.

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Cases that cite this one

29 later published cases cite this decision. The 25 that cite it most often are listed here.

Schwartz v. Talmo (Minn. 1973)
Carroll v. State (Minn. 1954)
Silver King Coalition Mines Co. v. Industrial Commission (Utah 1954)
Halverson v. Rolvaag (Minn. 1966)
United States Steel Corporation v. Baker (Ala. 1957)
Mikolich v. State Industrial Accident Commission (Or. 1957)
State ex rel. Jones & Laughlin Steel Corp. v. Dickerson (Ohio 1953)
Pittman v. Pillsbury Flour Mills, Inc. (Minn. 1951)
Penn Jersey Welding Co. v. Lowe, Deputy Commissioner (3d Cir. 1950)
Foley v. Western Alloyed Steel Casting Co. (Minn. 1945)
Gustafson v. Ziesmer & Vorlander, Inc. (Minn. 1942)
Laird v. State of Vermont Highway Dept. (Vt. 1941)
Brownfield v. Southern Amusement Co. (La. 1940)
Polk v. Western Bedding Co. (Philadelphia County Court of Common Pleas 1940)
Brownfield v. Southern Amusement Co. (La. 1940)
Johnson v. Pillsbury Flour Mills Co. (Minn. 1938)
Nyberg v. Little Falls Black Granite Co. (Minn. 1938)
Lewis v. Connolly Contracting Co. (Minn. 1936)
Cusic v. Y. & O. Coal Co. (Washington County Court of Common Pleas 1934)
Warner v. Zaiser (Minn. 1931)
Tierney v. Tierney & Co. (Minn. 1929)
Eberle v. Miller (Minn. 1927)
Thorpe v. Department of Labor & Industries (Wash. 1927)
State ex rel. Globe Indemnity Co. v. District Court (Minn. 1916)
State ex rel. Anderson v. General Accident, Fire & Life Assurance Corp. (Minn. 1916)

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

Bunn, J.

Gertiorari to review an order of the district court in a proceeding under the Workmen’s Compensation Act to recover compensation for the death of Charles J. Eapley. Eapley was in the employ of defendant Carlson. On the morning of June 30, 1915, while engaged in the performance of the duties of his employment, he suffered an injury from the effects of which he died at about 1:30 a. m. on the morning of July 1. Laws 1915, p. 285, c. 209, by its terms went into effect July 1, 1915. It increased the maximum and minimum compensation in case of death, and provided that the employer should pay the expense of last siekness *97and burial, not exceeding $100 in amount. This provision was not in the prior law. The trial court held that plaintiff, the widow of the deceased workman, who sued in her own behalf and as mother of her minor children, was entitled to recover under the law in force on the day Eapley died. Eelator contends that the law in force on the day he was injured governs.

The trial court was right. The claim of plaintiff for compensation does not arise from the injury to her husband, but is a new and distinct right of action created by his death. Anderson v. Fielding, 92 Minn. 42, 99 N. W. 357, 104 Am. St. 665; Michigan Central R. Co. v. Vreeland, 227 U. S. 59, 33 Sup. Ct. 192, 57 L. ed. 417, Ann. Gas. 1914 C, 176; American R. Co. v. Didricksen, 227 U. S. 145, 33 Sup. Ct. 224, 57 L. ed. 456.

Order affirmed.

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