Potulni v. Saunders
Supreme Court of Minnesota
Plaintiff brought this action in the municipal court of Duluth, to recover for hay alleged to have been unlawfully taken and converted ■by the defendant. The action was tried, without a jury, by the court, who found that the defendant had taken and converted hay of the plaintiff of the value of six dollars, and directed judgment for $18, and disbursements. Defendant appeals from the judgment.
1Opinion of the CourtGilfillan, C. J.
Action for a trespass in taking hay from plaintiff’s barn. The taking was not by defendant in person, but by his servant, and the proofs show that the latter was not expressly authorized by defendant to take it; and the defendant is not liable unless there was implied authority, — that is, unless the act of taking the hay was within the scope of the servant’s authority. The facts are that the servant was driving a team for defendant on the road and in the woods, which was all that he was employed to do. Near *518plaintiff’s barn defendant had a logging camp. The servant, without any express…
2Cited by3 opinions
- McCord v. Western Union Telegraph Co.Supreme Court of Minnesota · 1888
- Helppie v. Northwestern Drainage Co.Supreme Court of Minnesota · 1914
- Huovila v. FrederickSupreme Court of Minnesota · 1925