Royer v. Rasmussen
North Dakota Supreme Court
Appeal from the District Court of Grand Forks County, O. Cooley, Judge. Action to recover for personal injuries arising from alleged negligence in the operation of an automobile. From orders overruling demurrers to the complaint, defendants appeal. The complaint is void of any allegation showing negligence on the part of M. Easmussen, or in anywise connecting him with the commission of the alleged negligent or wrongful act.
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Appeal from the District Court of Grand Forks County, O. Cooley, Judge. Action to recover for personal injuries arising from alleged negligence in the operation of an automobile. From orders overruling demurrers to the complaint, defendants appeal. The complaint is void of any allegation showing negligence on the part of M. Easmussen, or in anywise connecting him with the commission of the alleged negligent or wrongful act. His liability is predicated upon the relationship of the defendants. The master is liable for the acts of the servant only while such servant is acting within the scope of…
1Opinion of the Court
Disk, Oh. J.
The complaint in effect alleges, that plaintiff, while ■crossing one of the streets in the city of Grand Dorks, was run over and injured by an automobile owned by defendant M. Rasmussen while being driven by his servant and codefendant, Minnie Rasmussen; that the accident was caused by the careless and negligent manner in which .such automobile was being driven.
Each of the defendants separately demurred to the complaint, which ■demurrer was overruled, and each have appealed. It is stipulated that the decision of one appeal will control the other. It is conceded that the sole…
2Cases cited27 opinions
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Southern Railway Co. v. GrizzleSupreme Court of Georgia · 1906
- Colegrove v. New York & New Haven RailroadNew York Court of Appeals · 1859
- Wright v. ComptonIndiana Supreme Court · 1876
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- Ulness v. DunnellNorth Dakota Supreme Court · 1931