Montain v. City of Fargo
North Dakota Supreme Court
Appeal from the District Court of Cass County, A. T. Oole, J. Action to recover for personal injuries. 'Order sustaining demurrer to complaint. Plaintiff appeals. Statement of facts by Bruce, Oh.
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Appeal from the District Court of Cass County, A. T. Oole, J. Action to recover for personal injuries. 'Order sustaining demurrer to complaint. Plaintiff appeals. Statement of facts by Bruce, Oh. J.: This is an appeal from an order sustaining a demurrer to a complaint which in substance alleged .that the plaintiff’s intestate, one Mons Montain, met his death by being struck by a runaway team drawing a ¡garbage sled, which sled was being used for the purposes and under the conditions intended and detailed in a certain written agreement between the city of Pargo and one Neis Johnson for the…
1Opinion of the Court
Bruce, Ch. J.
(after stating the facts as above). Two propositions are advanced in support of the demurrer to the complaint:(1) That the garbage collector was an independent contractor, and, being such, the city was not liable for his negligence.
*440(2) That’ even if tbe said collector was not an independent contractor, the city was acting in a public and governmental capacity and was therefore not liable.
And, first, Was the said Neis Johnson an independent contractor? Is or is not the appellant correct in his contention that “one who performs services for a city in the matter of removing garbage…
2Cases cited17 opinions
- Singer Manufacturing Co. v. RahnSupreme Court of the United States · 1889
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Love v. City of AtlantaSupreme Court of Georgia · 1894
- Ogg v. City of LansingSupreme Court of Iowa · 1872
- Nicholson v. City of DetroitMichigan Supreme Court · 1902
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Kitto v. Minot Park DistrictNorth Dakota Supreme Court · 1974
- Moore & Chicago Mill & Lumber Co. v. PhillipsSupreme Court of Arkansas · 1938
- Newman v. Sears, Roebuck & Co.North Dakota Supreme Court · 1950
- Bruce ex rel. Bruce v. City of Kansas CitySupreme Court of Kansas · 1929
- Davidson v. American Drug Stores, Inc.Louisiana Court of Appeal · 1937
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