Minnesota Valley Canning Co. v. Rehnblom
| Decision Date | 16 October 1951 |
| Docket Number | No. 47903,47903 |
| Citation | 49 N.W.2d 553,242 Iowa 1112 |
| Parties | MINNESOTA VALLEY CANNING CO. et al. v. REHNBLOM et al. |
| Court | Iowa Supreme Court |
Doran, Doran, Doran & Erbe, of Boone, for appellant and cross-appellee.
Hirschburg & Reynolds, of Ames, for appellees and cross-appellants.
Steward & Crouch, of Des Moines, for appellees.
Carl Martin Rehnblom was an employee of the Minnesota Valley Canning Company of Ames, Iowa at the time of his death, which resulted from an airplane crash one mile west of Vinton, Iowa on June 1, 1949. The Minnesota Valley Canning Company and its insurance carrier, Employers Mutual Liability Insurance Company of Wisconsin, conceded their liability to the dependents of Rehnblom and that his death arose out of and in the course of his employment. On September 23, 1949 they filed in the office of the Industrial Commissioner of the State of Iowa their application for arbitration for the purpose of obtaining a determination who the beneficiaries were of the deceased employee.
The mother of the decedent and his minor daughter, who was then under 16 years of age, were both claimants. Following a hearing, Sec. 86.17, 1946 Code, I.C.A., before him the deputy industrial commissioner found that the mother, Mabel Nancy Rehnblom, was fifty per cent dependent upon the deceased employee for her support, but by reason of the provisions of Section 85.42 of the 1946 Code, I.C.A., he awarded all death benefits for three hundred weeks at the rate of $20.00 per week to Sherry L. Rehnblom, the daughter. The hearing before the deputy industrial commissioner had been held at Ames, Story County, Iowa by reason of a stipulation entered into by the parties.
On appeal to the industrial commissioner, Sec. 86.24, 1946 Code, I.C.A. he confirmed and approved the holding of the deputy industrial commissioner. Thereafter the mother appealed, Sec. 86.26, 1946 Code, I.C.A., to the District Court of Story County. The daughter filed a special appearance and a motion to dismiss, claiming that under the statute, Sec. 86.26, 1946 Code, I.C.A., the appeal should have been taken to Benton County where the injury occurred. The District Court of Story County (Honorable G. R. Hill) overruled the special appearance and the motion to dismiss. Thereafter the appeal was heard on its merits by Honorable John M. Schaupp. The district court held for the daughter because of the provisions of the statute, Sec. 85.42, 1956 Code, I.C.A., which provides that a minor child under 16 years of age is conclusively presumed to be wholly dependent on the father, whether actually dependent for support or not upon him at the time of his death.
Mabel Nancy Rehnblom, the mother and the appellant herein, has appealed to this court from the ruling of the district court, claiming that its ruling was erroneous in not awarding her at least one-half, if not all, of the death benefits paid by the insurance carrier of the employer. Sherry L. Rehnblom, appellee on the appeal of Mabel Nancy Rehnblom, has cross-appealed from the ruling of the District Court of Story County which held that it had jurisdiction to hear the appeal taken by Mabel Nancy Rehnblom from the ruling of the industrial commissioner to the District Court of Story County, Iowa.
At the time of the death of Carl Martin Rehnblom he was divorced from his former wife, Doris G. Rehnblom. Under the terms of the divorce decree Rehnblom was not liable for any further support of his minor daughter, Sherry L. Rehnblom, and was only liable for one-half of the medical expenses and other particularly noted items referred to in the decree.
Inasmuch as we are of the opinion that the ruling of the district court which overruled the special appearance and motion to dismiss of Sherry L. Rehnblom was erroneous, our comments concerning it are determinative of the case. We shall not pass on the matter of the appeal of the appellant on the merits of the case.
I. Venue is not the determinative question on the cross-appeal of the daughter. Venue means the place where a cause is to be originally tried. 56 Am.Jur., Sec. 2, p. 4; Hulburd v. Eblen, 239 Iowa 1060, 1064, 33 N.W.2d 825. The Legislature may fix the venue or place of trial of civil actions as long as constitutional provisions are not violated. 56 Am.Jur., Sec. 4, p. 7. In Iowa the preliminary hearing before a...
To continue reading
Request your trial
-
Carmichael v. Iowa State Highway Commission
...jurisdiction of the matter, we do not have an appeal, and this is the end to the controversy. * * *' In Minnesota Valley Canning Co. v. Rehnblom, 242 Iowa 1112, 1116, 49 N.W.2d 553, 555, the issue was whether the district court of Story county had jurisdiction to hear an appeal from the ind......
-
Farricielli v. Connecticut Personnel Appeal Bd.
...not involved.' " State ex rel. State Tax Commission v. Luten, 459 S.W.2d 375, 377 (Mo.1970). 4 See also Minnesota Valley Canning Co. v. Rehnblom, 242 Iowa 1112, 49 N.W.2d 553 (1951); Cooper, State Administrative Law, (1st Ed. 1965), Vol. II, pp. 613-14. "In many instances matters of venue a......
-
Groves v. Donohue
...was subject to attack by special appearance.' A special appearance was held proper on similar grounds in Minnesota Valley Canning Company v. Rehnblom, 242 Iowa 1112, 49 N.W.2d 553. This does not leave our cases on the propriety of raising the exclusive jurisdiction of the industrial commiss......
-
Springfield General Osteopathic Hospital v. Industrial Commission
...See also Sweitzer v. Industrial Commission, 394 Ill. 141, 68 N.E.2d 290, 294--295(8--17) (1946); Minnesota Valley Canning Co. v. Rehnblom, 242 Iowa 1112, 49 N.W.2d 552, 555(6) (7) (1951); Brown v. LTV Aerospace Corp., 394 mich. 702, 232 N.W.2d 656, 664--666(7) (8) (9) (1975); Scott v. Nevad......