Kwiechen v. Holmes & Hallowell Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $12,600 damages for personal injuries sustained by plaintiff’s infant daughter through the alleged negligence of defendant’s servant.
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Action in the district court for Hennepin county to recover $12,600 damages for personal injuries sustained by plaintiff’s infant daughter through the alleged negligence of defendant’s servant. The case was tried before Frederick V. Brown, J., and a jury which rendered a verdict in favor of plaintiff for $100. Plaintiff’s motion for a new trial was denied as to the defendant company but granted as to defendant Spears, unless he would consent that the verdict be increased to $350. Defendant company’s motion for judgment notwithstanding the verdict was granted. From the judgment entered…
1DissentJaggajrd, J.
I am unable to agree with the majority of the court, first, as to the correctness of the rule of law announced in the opinion; and, second, as to the applicability of that rule to the facts in this particular case.
1. The authorities cited sustain the rule that the master is responsible for the torts of his servant in the course of the employment, with a view to the furtherance of the master’s business, and not for a purpose personal to himself. But the proposition that the master is not liable for the torts of his servant in the course of his employment, not done with a view to the…
2Cases cited17 opinions
- Singer Manufacturing Co. v. RahnSupreme Court of the United States · 1889
- Ritchie v. WallerSupreme Court of Connecticut · 1893
- Barmore v. Vicksburg, Shreveport & Pacific Railway Co.Mississippi Supreme Court · 1904
- Fletcher v. Baltimore & Potomac RailroadSupreme Court of the United States · 1897
- Waters v. Pioneer Fuel Co.Supreme Court of Minnesota · 1893
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