Taute v. J. I. Case Threshing Machine Co.
North Dakota Supreme Court
Appeal from the County Court of Renville County; Percy S. Crewe, J. . Action to recover damages for loss of property alleged to have been destroyed by fire claimed to have been started by sparks from defendant’s threshing-engine'while said engine was being moved by a third party under a contract. Judgment for Defendant. Plaintiff Appeals.
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Appeal from the County Court of Renville County; Percy S. Crewe, J. . Action to recover damages for loss of property alleged to have been destroyed by fire claimed to have been started by sparks from defendant’s threshing-engine'while said engine was being moved by a third party under a contract. Judgment for Defendant. Plaintiff Appeals. On October 18, 1910, the defendant and respondent engaged one R. L. Kerr to move a threshing engine and separator a distance of some 12 to 11 miles, to Tolley, North Dakota. The contract was in writing, and was as follows: “I agree to haul' or run the Prank…
1Opinion of the CourtBruce, J.
(after stating the facts as above). There are but two questions for decision in this case: 1. Was the witness Kerr, who moved the machinery, an independent contractor? 2. Even if an independent contractor, was the moving of the engine in its then condition so intrinsically dangerous a transaction or guilty of such negligence in relation thereto that he would be liable for the losses occasioned thereby ?
We are satisfied that the witness Kerr, who moved the engine, was an independent contractor. There was no right of control reserved by the defendant. Kerr hired and controlled his own men, and…
2Cases cited7 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- City of Richmond v. SitterdingSupreme Court of Virginia · 1903
- Ruehl v. Lidgerwood Rural Telephone Co.North Dakota Supreme Court · 1912
- City & Suburban Railway Co. v. MooresCourt of Appeals of Maryland · 1894
- St. Louis, Iron Mountain & Southern Railway Co. v. YonleySupreme Court of Arkansas · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Newman v. Sears, Roebuck & Co.North Dakota Supreme Court · 1950
- Montain v. City of FargoNorth Dakota Supreme Court · 1917
- Schultz & Lindsay Construction Co. v. EricksonCourt of Appeals for the Eighth Circuit · 1965
- Mutual Life Insurance v. StateNorth Dakota Supreme Court · 1941
- Fettig v. WhitmanNorth Dakota Supreme Court · 1979
3 more not listed; retrieve them via the Exa API.