Garraghty v. Hartstein
North Dakota Supreme Court
Appeal from District Court, Cass County, Charles A. Polloclc, J. Erom a judgment in plaintiff’s favor and from an order denying defendant’s motion for judgment non obstante, or for a new trial, defendant appeals. It does not appear that the servants of the defendant were acting within the scope of their employment as such, at the time of the injury to plaintiff. They were acting as independent contractors, upon special work in their own interests.
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Appeal from District Court, Cass County, Charles A. Polloclc, J. Erom a judgment in plaintiff’s favor and from an order denying defendant’s motion for judgment non obstante, or for a new trial, defendant appeals. It does not appear that the servants of the defendant were acting within the scope of their employment as such, at the time of the injury to plaintiff. They were acting as independent contractors, upon special work in their own interests. Thorpe v. Minor, 109 N. C. 152, 13 S. E. 702; Dells v. Stollenwerk, 78 Wis.,339, 47 N. W. 431; Cur-tiss v. Dinneen, 4 Dak. 245, 30 N. W. 148;…
1Opinion of the CourtFisk, J.
Action to recover for personal injuries sustained by plaintiff, which, it is alleged, were caused by the negligence of defendant’s servants. Plaintiff bad judgment in the court below, and from such judgment, and also from an order denying defendant’s motion for judgment non obstante, or, in the alternative, for a new trial, he has appealed to this court.
' The facts necessary to an understanding of the questions involved are briefly the following:
At the time of the accident, plaintiff resided in the city of Fargo with her husband and children, their house facing north on 4th avenue. Just east…
2Cases cited5 opinions
- Christianson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1896
- Wabash, St. Louis & Pacific Railway Co. v. LockeIndiana Supreme Court · 1887
- Sjogren v. HallMichigan Supreme Court · 1884
- Kommerstad v. Great Northern Railway Co.Supreme Court of Minnesota · 1913
- Williams v. Minnesota State Board of Medical ExaminersSupreme Court of Minnesota · 1913
3Cited by7 opinions
- Andrews v. O'HEARNNorth Dakota Supreme Court · 1986
- Reichert v. Northern Pacific Railway Co.North Dakota Supreme Court · 1917
- Wilson v. Northern Pacific Railway Co.North Dakota Supreme Court · 1915
- Johnson v. Minneapolis, St. P. S. Ste. M.R. Co.North Dakota Supreme Court · 1926
- Cunningham v. Great Northern Railway Co.North Dakota Supreme Court · 1944
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