Forzen v. Hurd
North Dakota Supreme Court
Appeal from District Court, Wells county; E. T. Bwrke, J. Action by Andrew P. Porzen against Warren W. Hurd, for damages occasioned by a prairie fire. Plaintiff bad judgment and defendant appeals. The master, to be liable for servant’s acts, must have such control over bim as to be able to direct bis performance of service, and prescribe tbe acts to accomplish tbe end. Callaban v. Burlington & M. River R. Co. 23 Iowa, 564; St. Louis, Pt.
Read the full summary
Appeal from District Court, Wells county; E. T. Bwrke, J. Action by Andrew P. Porzen against Warren W. Hurd, for damages occasioned by a prairie fire. Plaintiff bad judgment and defendant appeals. The master, to be liable for servant’s acts, must have such control over bim as to be able to direct bis performance of service, and prescribe tbe acts to accomplish tbe end. Callaban v. Burlington & M. River R. Co. 23 Iowa, 564; St. Louis, Pt. S. & W. R. Co. v. Willis, 38 Kan. 330, 16 Pac. 728; Kellogg v. Payne, 21 Iowa, 575; Rait v. New England Purniture & Carpet Co. 66 Minn. 76, 68 N. W. 729, 20…
1Opinion of the CourtEllsworth, J.
The complaint, as cause of action, alleges that defendant was the owner of much land in Wells county, in the vicinity of that owned and occupied by plaintiff, and on October 25th, 1903, was engaged in burning a fire guard around his own premises and around the land of other persons and owners; that while so engaged in setting fire to the wild prairie grass, which on that day was frosted, dry, and inflammable, he and his servants negligently permitted the fire so set to burn out of and escape from an insufficient fire guard intended to confine it, and, driven by a high wind then prevailing,…
2Cited by8 opinions
- Lund Ex Rel. Lund v. KnoffNorth Dakota Supreme Court · 1957
- Putnam v. ProutyNorth Dakota Supreme Court · 1913
- State v. LambNorth Dakota Supreme Court · 1996
- Kunz v. NelsonUtah Supreme Court · 1938
- Clair v. Northern Pacific Railway Co.North Dakota Supreme Court · 1911
3 more not listed; retrieve them via the Exa API.