Legal Opinion

Burnham v. Elk Laundry Co.

Supreme Court of Minnesota

Decided February 21, 1913No. Nos. 17,860—(196)PublishedCited by 8 opinions

Action in the district court for Ramsey county to recover $3,100 for assault and battery. The complaint alleged the assault was committed by defendant through its agents and servants, who were acting in the course of their employment and transacting the business of defendant in its behalf within the scope of their .employment. The answer was a general denial.

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Action in the district court for Ramsey county to recover $3,100 for assault and battery. The complaint alleged the assault was committed by defendant through its agents and servants, who were acting in the course of their employment and transacting the business of defendant in its behalf within the scope of their .employment. The answer was a general denial. The case was tried before Brill, J., and a jury which returned a verdict in favor of plaintiff for $'700. Defendant's motion for judgment notwithstanding the verdict was denied. From the judgment entered pursuant to the verdict,…

1Opinion of the CourtBrown, C. J.

Action for damages for an assault and battery committed upon plaintiff by a servant of defendant. Plaintiff had a verdict, upon which judgment was entered, and defendant appealed, having first moved the court for judgment notwithstanding the verdict.

The facts are as follows:

Defendant, a corporation, is engaged in operating a laundry in the city of St. Paul. For the accommodation of its patrons its office is kept open Saturday evenings until 9 o'clock to enable them to call for and receive their laundered articles, where delivery has not previously been made. Plaintiff was a patron of the…

2Cases cited5 opinions

  1. Penas v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1910
  2. Sina v. CarlsonSupreme Court of Minnesota · 1913
  3. Anderson v. International Harvester Co. of AmericaSupreme Court of Minnesota · 1908
  4. McLaughlin v. Cloquet Tie & Post Co.Supreme Court of Minnesota · 1912
  5. Theisen v. PorterSupreme Court of Minnesota · 1894

3Cited by8 opinions

  1. Ploetz v. HoltSupreme Court of Minnesota · 1913
  2. Plotkin v. Northland Transportation Co.Supreme Court of Minnesota · 1939
  3. Roemer v. Jacob Schmidt Brewing Co.Supreme Court of Minnesota · 1916
  4. Schmidt v. MinorSupreme Court of Minnesota · 1921
  5. G. F. Sunderland v. Northern Express Co.Supreme Court of Minnesota · 1916

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