Schultz v. Brown
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Montana; George M. Bourquin, Judge. Action by John Brown against Otto Schultz. There was a judgment for plaintiff, and defendant brings error.
1Opinion of the Court
MORROW, Circuit Judge.
This is an action for damages for’personal injuries inflicted upon John Brown, the defendant in error, by one Dimitre Heinz, a servant of Otto Schultz, the plaintiff in error.
At the time of the injury, Schultz was the owner of a large band of sheep and employed Heinz as his herder. Schultz was also the owner of an unindosed tract of land about three miles from Silver Star, in Madison county, Mont. To this tract of land a band of sheep owned by Schultz was driven by Heinz, the herder, about the 14th of October, 1916. A few days before this time, Brown, who was herding a…
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