Legal Opinion

Sina v. Carlson

Supreme Court of Minnesota

Decided January 17, 1913No. Nos. 17,791—(158)PublishedCited by 29 opinions

Action to recover $5,025 for personal injuries. The complaint, alleged that at the time of the accident defendant Olson was acting-in his capacity of servant and employee of defendant Carlson and was engaged in the performance of his duties as such servant and employee. The separate answer of defendant Carlson alleged on. information and belief that, if plaintiff sustained the injuries alleged, they were sustained solely by her own carelessness and negligence.

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Action to recover $5,025 for personal injuries. The complaint, alleged that at the time of the accident defendant Olson was acting-in his capacity of servant and employee of defendant Carlson and was engaged in the performance of his duties as such servant and employee. The separate answer of defendant Carlson alleged on. information and belief that, if plaintiff sustained the injuries alleged, they were sustained solely by her own carelessness and negligence. The case was tried in the district court for Hennepin county before Hale, J., who denied defendant Carlson’s motion for an instructed…

1Opinion of the CourtHallam, J.

On November 14, 1910, plaintiff was driving with a horse and’ buggy on a country road. Defendant Olson, driving a team belonging to appellant, undertook to pass her from behind. He turned to-the right, instead of to the left, and in passing struck the wheel of" plaintiff’s buggy and caused her to be thrown and to sustain some-injury. Olson was in the employ of the appellant on his farm, and he had been in such employ nearly four years. This was one of the-farm teams. He testified that he took care of the horses, drove them,, and had charge of them; that he sometimes went to Minneapolis or-New…

2Cases cited13 opinions

  1. Morier v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
  2. Slater v. Advance Thresher Co.Supreme Court of Minnesota · 1906
  3. Steffen v. McNaughtonWisconsin Supreme Court · 1910
  4. Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
  5. Reilly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887

8 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Griffin v. RussellSupreme Court of Georgia · 1915
  2. Crowell v. DuncanSupreme Court of Virginia · 1926
  3. Kayser v. Van NestSupreme Court of Minnesota · 1914
  4. Reilly v. . ConnableNew York Court of Appeals · 1915
  5. Virtue v. Creamery Package Manufacturing Co.Supreme Court of Minnesota · 1913

24 more not listed; retrieve them via the Exa API.

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