Legal Opinion

Waters v. Pioneer Fuel Co.

Supreme Court of Minnesota

Decided March 13, 1893PublishedCited by 55 opinions

Appeal by defendant, Pioneer Fuel Company, a corporation, from a judgment of the -Municipal Court of the City of Minneapolis, Ma-honey, J., entered June 15, 1892, for $223.73. On February 29, 1892, defendant sold a ton of coal to D. F. Fla-tau, the occupant of the store No. 324 Nicollet avenue, Minneapolis, and directed John West to deliver it. West owned the horses, harness and wagon used in delivering the coal, but the box on the wagon belonged to defendant.

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Appeal by defendant, Pioneer Fuel Company, a corporation, from a judgment of the -Municipal Court of the City of Minneapolis, Ma-honey, J., entered June 15, 1892, for $223.73. On February 29, 1892, defendant sold a ton of coal to D. F. Fla-tau, the occupant of the store No. 324 Nicollet avenue, Minneapolis, and directed John West to deliver it. West owned the horses, harness and wagon used in delivering the coal, but the box on the wagon belonged to defendant. West had a contract with defendant to deliver coal sold by it. He was to load the coal onto the wagon, and haul it to the purchaser…

1Opinion of the CourtVanderburgh, J.

The defendant’s employe, engaged in hauling -coal, delivered by its order a ton .of coal to one of its customers in the city of Minneapolis. He delivered the coal through a hole in the sidewalk in front of the premises of the purchaser, into a vault or bin under the sidewalk, connected with the premises. After the ■coal was unloaded, he took out the chute through which it was delivered, and put the cover over the hole, but, as is alleged, failed to replace it properly; and the plaintiff, w'ho soon after passed’along, stepped upon it, and was precipitated into the hole, and injured. He brings…

2Cases cited1 opinion

  1. Powell v. Construction Co.Tennessee Supreme Court · 1890

3Cited by55 opinions

  1. United States v. SilkSupreme Court of the United States · 1947
  2. Bowen v. Gradison Construction CompanyCourt of Appeals of Kentucky (pre-1976) · 1930
  3. King v. GallowayTexas Commission of Appeals · 1926
  4. Chicago, R. I. & P. Ry. Co. v. BennettSupreme Court of Oklahoma · 1912
  5. Standard Oil Co. v. ParkinsonCourt of Appeals for the Eighth Circuit · 1907

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