Legal Opinion

Maki v. St. Luke's Hospital Ass'n

Supreme Court of Minnesota

Decided July 18, 1913No. Nos. 18,081—(173)PublishedCited by 17 opinions

Action in the district court for St. Louis county to recover $12,000 for personal injury received while in the employ of defendant.

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Action in the district court for St. Louis county to recover $12,000 for personal injury received while in the employ of defendant. Among other allegations, the answer alleged that plaintiff agreed to receive from defendant, in full settlement and satisfaction of any claim which she had by reason of the accident and injury, the sum of $1,000, which amount defendant paid to plaintiff in settlement of such claim, and plaintiff executed and delivered a written release of all claims and causes of action which she had by reason of such accident. The reply alleged that the release and settlement…

1Opinion of the CourtHallam, J.

This is an action against a hospital corporation brought by an employee for personal injury received in the course of her employment.

The evidence was sufficient to sustain a finding of negligence on the part of defendant’s employees, and the rule of respondeat superior applies. McInerny v. St. Luke’s Hospital, supra, page 10, 141 N. W. 837.

The plaintiff had a verdict. On her motion, the court granted a new trial on the ground that the damages were insufficient. Defendant urges several objections to the granting of this motion. One *446is, that defendant was not liable in this action at all, and…

2Cases cited4 opinions

  1. Peterson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1888
  2. McInerny v. St. Luke's Hospital Ass'nSupreme Court of Minnesota · 1913
  3. Whitcomb v. HardySupreme Court of Minnesota · 1898
  4. Ham v. PotterSupreme Court of Minnesota · 1907

3Cited by17 opinions

  1. Rawle v. McIlhennySupreme Court of Virginia · 1934
  2. Mulliner v. Evangelischer DiakonniessenvereinSupreme Court of Minnesota · 1920
  3. Johnson v. FranklinSupreme Court of Connecticut · 1930
  4. Shearer v. PuentSupreme Court of Minnesota · 1926
  5. Caswell v. Minar Motor Co.Supreme Court of Minnesota · 1953

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