Curtis v. Dinneen
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Beadle county. The pleadings are set in the opinion,' and the facts so far as material to the points decided. Thompson, in his work on Negligence, Vol. 2, 892, says that ‘ ‘this right to control appears to be the conclusive test by which to determine whether the relation exists.
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Appeal from the district court of Beadle county. The pleadings are set in the opinion,' and the facts so far as material to the points decided. Thompson, in his work on Negligence, Vol. 2, 892, says that ‘ ‘this right to control appears to be the conclusive test by which to determine whether the relation exists. The right to control another implies the power to discharge him from the service or employment for disobedience; and, accordingly, the power to discharge is said to be the test by which to determine whether the relation of master and servant exists. Paw-let v Rutland, etc., R. Co., 28…
1Opinion of the CourtFrancis, J.
This case comes up on appeal from the judgment of the district court on a verdict of the jury in favor of the plaintiff in an action for damages for personal injuries alleged to have been sustained by the plaintiff at the hands of M. J. Dinneen, the alleged servant of the defendant, the keeper of a hotel'. The complaint is as follows:
‘ ‘Plaintiff, complaining of the above named defendant, alleges:
‘1 First. That in all the times hereinafter mentioned the defendant was the keeper of a common inn in the city of Huron, Dakota, known as the ‘Dakota House.’
“Second. 'That on or about the 15th day of…
2Cases cited9 opinions
- Weber v. WeberMichigan Supreme Court · 1882
- Cleveland v. NewsomMichigan Supreme Court · 1880
- Walker v. JohnsonSupreme Court of Minnesota · 1881
- Wood v. Detroit City Street Railway Co.Michigan Supreme Court · 1884
- Scott v. ChambersMichigan Supreme Court · 1886
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3Cited by9 opinions
- Clancy v. BarkerCourt of Appeals for the Eighth Circuit · 1904
- Oakland City Agricultural & Industrial Society v. BinghamIndiana Court of Appeals · 1892
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. AdamsIndiana Court of Appeals · 1900
- Nesbit v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
- Radke v. SchlundtIndiana Court of Appeals · 1902
4 more not listed; retrieve them via the Exa API.