McCarrier v. Hollister
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. PIon. Joseph W. Jones, Judge. Action by Owen McCarrier against Fannie E. Hollister, to recover damages for injuries caused by falling in an open ditch on or near premisés owned by defendant and occupied by a tenant. Judgment for plaintiff, and defendant appeals. The parties in charge of the work were independent contractors. i Sher. & Redf.
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Appeal from circuit court, Minnehaha county. PIon. Joseph W. Jones, Judge. Action by Owen McCarrier against Fannie E. Hollister, to recover damages for injuries caused by falling in an open ditch on or near premisés owned by defendant and occupied by a tenant. Judgment for plaintiff, and defendant appeals. The parties in charge of the work were independent contractors. i Sher. & Redf. Neg., 5th Ed., Sec. 164; Hexamer v. Webb, 101 N. Y. 377; Bibb’s Admr. v. Norfolk & Western R. R. Co., 14 S. E. 163; Long v. Moon 17 S. W. 810. An employer is not responsible to third persons for the negligence…
1Opinion of the CourtHaney, P. J.
This action was brought to recover for injuries caused by falling into an open ditch on or near premises in the city of Sioux Falls owned by the defendant and occupied by a tenant. For the purpose of connecting her tenement with the city sewer, defendant employed skilful and careful contractors, under an agreement whereby they were to dig .the ditch, lay the pipe, make connections, furnish all materials, and do everything necessary to complete the work for $31. The work was begun Friday, August 4, 1899, and completed on the following Monday. The ditch extended from near the center of the…
2Cases cited1 opinion
- Boomer v. WilburMassachusetts Supreme Judicial Court · 1900
3Cited by11 opinions
- Cockran v. RiceSouth Dakota Supreme Court · 1910
- Hagberg v. City of Sioux FallsDistrict Court, D. South Dakota · 1968
- Lamb v. South Unit Jehovah's WitnessesSupreme Court of Minnesota · 1950
- Camerom Mill and Elevator Co. v. AndersonCourt of Appeals of Texas · 1903
- Ashby v. Northwestern Public Service Co.South Dakota Supreme Court · 1992
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