Kirk v. Montana Transfer Co.
Montana Supreme Court
Appeal from District Court, Silver Bow Comity; J. J. Lynch, Judge. Action by Eva Kirk against the Montana Transfer Company and another. From a judgment for plaintiff and from an order denying it a new trial, the defendant company appeals.
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Appeal from District Court, Silver Bow Comity; J. J. Lynch, Judge. Action by Eva Kirk against the Montana Transfer Company and another. From a judgment for plaintiff and from an order denying it a new trial, the defendant company appeals. This case falls within two modifications of the general principle as to what is “scope of authority,” to-wit: That the servant was at the time of the assault engaged in furthering his own ends rather than in rendering a service to his employer; and that the servant had so behaved as that it could not be said in reason that he was acting in pursuance of any…
1Opinion of the CourtJustice Hubly
Plaintiff seeks to recover damages from the defendant corporation and Charles Van for certain injuries sustained by her by reason of an assault alleged to have been made upon her by Van, while said Van, acting as an agent and employee of the defendant corporation, was moving certain household goods of the plaintiff under a contract between plaintiff and defendant corporation.
A trial was had to a jury, and verdict was rendered for the plaintiff in the sum of $750. Motion for a new trial was denied, and appeal was taken by defendant company from the judgment and the order denying such motion.
The…
2Cases cited11 opinions
- Ritchie v. WallerSupreme Court of Connecticut · 1893
- Sharp v. . Erie R.R. Co.New York Court of Appeals · 1906
- Frederick v. HaleMontana Supreme Court · 1910
- Smith v. MunchSupreme Court of Minnesota · 1896
- White v. Chicago, M. & P. S. Ry. Co.Montana Supreme Court · 1914
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Staff v. Montana Petroleum Co.Montana Supreme Court · 1930
- Kornec v. Mike Horse Mining & Milling Co.Montana Supreme Court · 1947
- Keller v. Safeway Stores, Inc.Montana Supreme Court · 1940
- Brown v. Columbia Amusement Co.Montana Supreme Court · 1931
- Doheny v. CoverdaleMontana Supreme Court · 1937
7 more not listed; retrieve them via the Exa API.