Legal Opinion

Firkus v. Murphy

Supreme Court of Minnesota

Decided November 5, 1976No. 45950Published

1Dissent · ScottScott, Justice

The record seems convincing that the decedent was an employee. Where the conclusions of the commission are manifestly contrary to the evidence, they cannot stand. Nierengarten v. State Department of Highways, 282 Minn. 231, 163 N. W. 2d 862 (1969).

Murphy attempted to hire Firkus to assist him in December or January. Before the incident involved here, Firkus had told the local deputy sheriff that he was “going into the woods” with Murphy — a phrase commonly understood as meaning that he was going logging. Murphy did not merely borrow Firkus’ car. Firkus got up before 6 a. m. and drove him 30…

Also in this document: Dissent · Yetka.

2Cases cited1 opinion

  1. Nierengarten v. State, Department of HighwaysSupreme Court of Minnesota · 1969

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