Ruehl v. Lidgerwood Rural Telephone Co.
North Dakota Supreme Court
Appeal from the District Court of Richland county; Allen, J. Action under the statute to recover damages caused by death by wrongful act. Verdict directed in favor of defendant. Plaintiff appeals.
Read the full summary
Appeal from the District Court of Richland county; Allen, J. Action under the statute to recover damages caused by death by wrongful act. Verdict directed in favor of defendant. Plaintiff appeals. This is an action brought under the statute by Louis Ruehl, the father of, and administrator of the estate of, Louis Ruehl, Jr., deceased, for and on behalf of the father and mother and sisters of the deceased, to recover damages for the death of the said Louis Ruehl, Jr., alleged to have been occasioned by the defendant by carelessly and negligently leaving a telephone' post hole “without placing…
1Opinion of the CourtBruce, J.
(after stating the facts as above). The first question to be determined is whether the defendant at the time of the accident was acting through a servant, or by means of an independent contractor. On this point John L. Matthews, the vice president of the company, testifies that Mr. Christenson was the vice president and had charge of and was a general manager of the construction work; that the company *14employed' Shulke to mark the places where the holes were to be dug; that no one was employed by the company to dig them. Frank Zimmerman, on the other hand, testifies that “Christenson employed…
2Cases cited47 opinions
- Singer Manufacturing Co. v. RahnSupreme Court of the United States · 1889
- Louisville, New Albany & Chicago Railway Co. v. MillerIndiana Supreme Court · 1894
- McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
- Waters v. Pioneer Fuel Co.Supreme Court of Minnesota · 1893
- Abell v. Penn Mutual Life InsuranceWest Virginia Supreme Court · 1881
42 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- May v. FarrellCalifornia Court of Appeal · 1928
- Hickman v. Parks Construction CompanyNebraska Supreme Court · 1956
- Champagne v. United StatesNorth Dakota Supreme Court · 1994
- McLean v. Kirby Co.North Dakota Supreme Court · 1992
- La Bree v. Dakota Tractor & Equipment Co.North Dakota Supreme Court · 1939
26 more not listed; retrieve them via the Exa API.