Koofos v. Great Northern Railway Co.
North Dakota Supreme Court
Appeal from the District Court of Ward County, Leighton, J. Defendant appeals from a judgment and from an order denying its alternative motion for a judgment notwithstanding the verdict or for a new trial. Improper statements made by section boss to an employee, and calling him vile and approbrious names, was not within the scope of the employment of such section boss, nor in the furtherance of his master’s business.
Read the full summary
Appeal from the District Court of Ward County, Leighton, J. Defendant appeals from a judgment and from an order denying its alternative motion for a judgment notwithstanding the verdict or for a new trial. Improper statements made by section boss to an employee, and calling him vile and approbrious names, was not within the scope of the employment of such section boss, nor in the furtherance of his master’s business. It would clearly indicate a personal animus on the part of the section boss, and amount to a wilful wrong and injury against plaintiff, and the master is not liable. Galehouse v.…
1Opinion of the Court
Christianson, Ch. J.
Tbis is an action for personal injuries brought under the Federal Employer’s Liability Act. The case was tried to a jury which returned a verdict in favor of the plaintiff for $2,295. Judgment was entered pursuant to the verdict and the defendant appeals from the judgment and the order denying its motion in the alternative for judgment notwithstanding the verdict or for a new trial.
The evidence showed that the plaintiff, who at that time was twenty-three years of age, went to work for the defendant Eailway Company about January 19th, 1916, as a member of an extra gang…
2Cases cited17 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Norfolk & Western Railway Co. v. EarnestSupreme Court of the United States · 1913
- Grand Trunk Western Railway Co. v. LindsaySupreme Court of the United States · 1914
- Southern Railway Co. v. PuckettSupreme Court of the United States · 1917
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Brady v. Oregon Lumber Co.Oregon Supreme Court · 1925
- Schantz v. Northern Pacific Railway Co.North Dakota Supreme Court · 1919
- Gulf, Colorado & Santa Fe Ry. Co. v. WaterhouseCourt of Appeals of Texas · 1949
- Johnson v. Minneapolis, St. P. S. Ste. M.R. Co.North Dakota Supreme Court · 1926
- Bailey v. DavisNorth Dakota Supreme Court · 1922
6 more not listed; retrieve them via the Exa API.