Ellegard v. Ackland
Supreme Court of Minnesota
. Action brought in the district court for Freeborn- county, to recover damages for the destruction of plaintiff’s growing trees by a fire negligently kindled by defendant on his own adjoining land. At the trial before Farmer, J., it appeared that the fire was set by defendant’s son, and the plaintiff had a verdict of $200. The defendant appeals from an order refusing a new trial.
1Opinion of the CourtGilfillan, C. J.
The only point made by appellant is as to the sufficiency of the evidence to charge him with the negligence of his son in setting the fire which destroyed plaintiff’s property. There was enough to show that íhé son was employed by him, not merely to do some one specified thing, as to plough a particular field, but as a general farm hand, and that within the scope of his employment was to do the grubbing, to facilitate which he set the fire. Where a master áuthorizes a servant to work for him, the former is liable for injury to another caused by the latter’s negligent manner of doing the work,…
2Cited by4 opinions
- Seybold v. EisleSupreme Court of Iowa · 1912
- Kiser v. Skelly Oil Co.Supreme Court of Kansas · 1933
- Lesch v. Great Northern Railway Co.Supreme Court of Minnesota · 1904
- Leffonier v. Detroit & Mackinac Railway Co.Michigan Supreme Court · 1910