Miller v. Aetna Insurance
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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 1968, among the opinions in this site’s citation index.
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Cases that cite this one
5 later published cases cite this decision.
- Koppe v. Hilton & Thompson (Minn. 1929)
- O'Leary v. Wangensteen (Minn. 1928)
- Olsen v. Hoffmann (Minn. 1928)
- Dippold v. F. B. Canada Lumber Co. (Minn. 1926)
- State v. Forichette (Minn. 1968)
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
Certiorari to the Industrial Commission to review its order denying relator compensation under the Workmen’s Compensation Act.
The relator was a painter and paperhanger residing at Mankato. He was 72 years of age and was crippled in his ankles. When moving furniture preparatory to papering the ceiling of a room a little before noon of July 18, 1925, he sustained a strain which made Trim sore, and increasingly sore in the afternoon and toward evening. Apparently he realized in the evening that he was ruptured. On the next day, a Sunday, he bandaged himself, and on Monday went to a physician.
There is no question but that he had a hernia then. His testimony is that he never had one before. There is nothing to discredit him. The evidence shows so definitely that the strain was the exciting cause, and therefore the legal cause, of the development of the hernia, that under our decisions compensation should be awarded. Babich v. Oliver Iron Min. Co. 157 Minn. 122, 195 N. W. 784, 202 N. W. 704; Klika v. Independent School Dist. 161 Minn. 461, 202 N. W. 30; Frederickson v. Burns L. Co. 163 Minn. 394, 204 N. W. 161; Wilkins v. Ben’s Home Oil Co. 166 Minn. 41, 207 N. W. 183; Klika v. Independent School Dist. 166 Minn. 55, 207 N. W. 185.
The proceeding is remanded with directions to award compensa- ■ tion.
An attorney’s fee of $50 is allowed relator.
Remanded.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.