Fowkes v. J. I. Case Threshing Mach. Co.
Utah Supreme Court
Appeal from District Court, Fifth District; Hon. Joshua Greenwood, Judge- Action by John Fowkes against the J. I. Case Threshing Machine Company and another. Judgment for plaintiff. Defendants appeal. Appellant’s Points.
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Appeal from District Court, Fifth District; Hon. Joshua Greenwood, Judge- Action by John Fowkes against the J. I. Case Threshing Machine Company and another. Judgment for plaintiff. Defendants appeal. Appellant’s Points. The master is not liable for injuries occasioned to a third person by the negligence of his servant, while the latter is engaged in some act beyond the scope of his employment, for his own purpose, or for the purpose of another, although he’ may be using the' instrumentalities furnished him by the master with which to perform the ordinary duties of his employment. (Slater v.…
1Opinion of the CourtStraup, C. J.
The plantiff brought this action to recover damages for alleged personal injuries. He had judgment against both defendants. They separately appeal. The accident occurred near Mona, Juab County, Utah, on a highway, where the plaintiff was driving a team of horses and wagon, and where the defendant Roberts passed him in an automobile. The alleged negligence is that Roberts, before attempting to pass the plaintiff, failed to sound the horn of the automobile, traveled at an excessive and negligent speed, “about twenty miles an hour, ’ ’ passed the plaintiff on the wrong side, and, in passing,…
2Cases cited4 opinions
- Slater v. Advance Thresher Co.Supreme Court of Minnesota · 1906
- Danforth v. FisherSupreme Court of New Hampshire · 1908
- International & Great Northern Railroad v. CooperTexas Supreme Court · 1895
- Lochhead v. JensenUtah Supreme Court · 1912
3Cited by12 opinions
- Fox v. LavenderUtah Supreme Court · 1936
- McFarlane v. WintersUtah Supreme Court · 1916
- Nick Platis v. United States, Kenneth Jones v. United States, George Maricich, Jr. v. United States, Helen Day and Roban Day v. United StatesCourt of Appeals for the Tenth Circuit · 1969
- Ferguson v. ReynoldsUtah Supreme Court · 1918
- Peterson v. SorensenUtah Supreme Court · 1937
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