Weber v. Lockman
Nebraska Supreme Court
Error from the district court for Cedar county. Action against master- and servant for personal trespass. Tried below before Graves, J. Judgment for plaintiff, and defendant Alois Weber, Sr., brings error.
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Error from the district court for Cedar county. Action against master- and servant for personal trespass. Tried below before Graves, J. Judgment for plaintiff, and defendant Alois Weber, Sr., brings error. If tbe act is done while the servant is at liberty from bis service, and pursuing Ms own ends exclusively, there can be no question of the master’s freedom from all responsibility, even though the injury complained of could not have been committed without the facilities afforded to the servant by his relation to his master. Shearman & Redfield, Neligence [5th ed.], sec. 147; Schouler,…
1Opinion of the Court
-.Ames, C.
This is a proceeding in error to review a judgment in an action for damages for personal injuries. The facts out of which the cause of action arose are substantially undisputed, and are these: The plaintiff in error, Alois Weber, Sr., was living upon and cultivating a farm upon which there was a herd of cattle belonging to him. As a part of the business thus being carried on, it was necessary, or desired, to drive the cattle to a place some five or six miles from home, and put. them in a pasture there. There were employed upon the farm, besides the plaintiff in error, his son Alois,…
2Cases cited3 opinions
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Cleveland v. NewsomMichigan Supreme Court · 1880
- Fitzsimmons v. Milwaukee, Lake Shore & Western Railway Co.Michigan Supreme Court · 1893
3Cited by10 opinions
- Barmore v. Vicksburg, Shreveport & Pacific Railway Co.Mississippi Supreme Court · 1904
- Hill v. StaatsCourt of Appeals of Texas · 1916
- Dalrymple v. Covey Motor Car Co.Oregon Supreme Court · 1913
- Kohlman v. HylandNorth Dakota Supreme Court · 1926
- Barry v. Oregon Trunk RailwayOregon Supreme Court · 1953
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