Kuehmichel v. Western Union Telegraph Co.
Supreme Court of Minnesota
Action in tbe district court for Crow Wing county against Western Union Telegraph Co. and Charles E. Geminder to recover $40,000 for personal injury received from defendant company’s messenger while in its employ.
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Action in tbe district court for Crow Wing county against Western Union Telegraph Co. and Charles E. Geminder to recover $40,000 for personal injury received from defendant company’s messenger while in its employ. The case was tried before McClenahan, J., who at the close of plaintiff’s case denied defendant’s motion to dismiss the action, and at the close of the testimony defendant’s request for an instructed verdict, and a jury which returned a verdict of $15,000 in favor of plaintiff. From an order denying defendant company’s motion for judgment notwithstanding the verdict or for a. new…
1Opinion of the CourtHallam, J.
Defendant Geminder, riding a bicycle in the evening, negligently injured plaintiff. Geminder was employed by defendant telegraph company as a messenger. His hours of employment were in the forenoon from 8 to 12, in the afternoon from 1 to 6 and from 7 to 8. He was subject to the orders of the local manager, Mr. Craig, .and the night operator, Mr. Swanson. He lived with his parents, about seven blocks from the telegraph office. In April, 1912, he bought a bicycle, mainly for his own purposes, but used it with the assent of the company in performing his duties as messenger. On the afternoon of…
2Cases cited20 opinions
- Morier v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
- Railroad Company v. HanningSupreme Court of the United States · 1873
- Standard Oil Co. v. ParkinsonCourt of Appeals for the Eighth Circuit · 1907
- Smith v. MunchSupreme Court of Minnesota · 1896
- McKiernan v. LehmaierSupreme Court of Connecticut · 1911
15 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Nesbitt v. Twin City Forge & Foundry Co.Supreme Court of Minnesota · 1920
- Elliason v. Western Coal & Coke Co.Supreme Court of Minnesota · 1925
- St. Paul Fire & Marine Ins. Co. v. RobertsLouisiana Court of Appeal · 1976
- Caver v. EggertonMississippi Supreme Court · 1930
- Hantke v. Harris Ice Machine WorksOregon Supreme Court · 1936
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