Ulman v. Lindeman
North Dakota Supreme Court
Action for damages, through negligent operation of an automobile. From order of the District Court, Divide County, Leighton, J., sustaining demurrer, plaintiff has appealed.
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Action for damages, through negligent operation of an automobile. From order of the District Court, Divide County, Leighton, J., sustaining demurrer, plaintiff has appealed. If the master authorize the servant to use an instrumentality provided by him, and the servant negligently uses it so as to cause injury to another, the master is liable therefor, if the servant, at the time, was engaged in the business of the master, but is not liable therefor if the servant, at the time, was not engaged in the business of the master, but was using the instrumentality for his own purpose. Ploetz v. Holt,…
1Opinion of the CourtBronson, J.
This is an appeal from an order sustaining a demurrer to the complaint. The allegations of the complaint, essential for consideration herein, are as follows: “That on the 7th day of Anril, 1918, defendant, A. H. Lindeman, was the owner of a Ford automobile owned and kept for the use, pleasure, and recreation of himself and family. That on the 7th day of April, 1918, the wife of the defendant, Bessie Lindeman, with the knowledge and consent of defendant, together with the children of defendant and one Alice B. Thomas, was riding in said car in the public streets of the city of Crosby, North…
2Cases cited35 opinions
- Ferris v. . SterlingNew York Court of Appeals · 1915
- Birch v. AbercrombieWashington Supreme Court · 1913
- Griffin v. RussellSupreme Court of Georgia · 1915
- Van Blaricom v. . DodgsonNew York Court of Appeals · 1917
- Daily v. MaxwellMissouri Court of Appeals · 1911
30 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Young v. MasciSupreme Court of the United States · 1933
- Grant v. KnepperNew York Court of Appeals · 1927
- Grenz v. WerreNorth Dakota Supreme Court · 1964
- Leonard v. North Dakota Co-Operative Wool Marketing Ass'nNorth Dakota Supreme Court · 1942
- Souza v. CortiCalifornia Supreme Court · 1943
31 more not listed; retrieve them via the Exa API.