Johanson v. Pioneer Fuel Company
| Decision Date | 02 June 1898 |
| Docket Number | 10,998 - (41) |
| Citation | 75 N.W. 719,72 Minn. 405 |
| Parties | CARL A. JOHANSON v. PIONEER FUEL COMPANY and Another |
| Court | Minnesota Supreme Court |
Appeals by plaintiff from an order of the district court for St. Louis county, Moer, J., sustaining the demurrer of defendant Pioneer Fuel Company to the complaint, and from a judgment in favor of said defendant. Affirmed.
Liability of Master -- Tort of Servant.
In order to hold the master liable for the act of a servant in causing an injury to a third person, it must pertain to the duties which the servant was employed to perform.
Liability of Master -- Course of Employment -- Delivery of Coal.
P.F.C a corporation, owned a coal dock in the city of Duluth, where it stored, cared for, and handled coal, which, in the course of its business, it sold and weighed to its customers. It employed M. to attend to this business, and he sold one ton of said coal to the plaintiff, who took part thereof away at two different times. When he returned for the balance, M. charged plaintiff with having procured larger sacks than he formerly used, and that he was wrongfully attempting to procure more coal than he was entitled to, which plaintiff denied, whereupon M. became enraged, and assaulted the plaintiff, and greatly injured him. Held, that this assault was an independent tort, and not done in the course of his employment, and for which the defendant was not liable.
John Jenswold, Jr., for appellant.
E. L. McMillan, for respondent.
The defendant Pioneer Fuel Company owned a coal dock within the city of Duluth, whereon it stored, cared for, and handled its coal, and from which, in the course of its business, it sold, weighed out, and delivered the same to its customers; and, in carrying on such business, it employed the co-defendant, McKee, who had sole charge and management thereof. On or about November 26, 1895, plaintiff purchased from and paid the defendant company for one ton of coal upon said dock, which it agreed to weigh and deliver to him from said dock, and agreed that said co-defendant, McKee, its servant, should attend to the matter on its behalf. In accordance therewith, the plaintiff proceeded to said dock with certain sacks and a wheelbarrow, for the purpose of having the said coal weighed out and delivered to him; and accordingly, and while upon said dock, so requested of McKee. Thereupon McKee filled the said sacks, and ascertained the weight thereof to be 620 pounds, which the plaintiff took away, and returned with the same empty sacks for more coal. Said sacks were again filled, but McKee refused to weigh the same, and compelled the plaintiff to receive their contents as of the same weight as before, whereupon the plaintiff took the coal away, and again returned with the same sacks to be again filled with coal, and so requested of McKee.
Thereupon McKee charged the plaintiff with having procured larger sacks than formerly, which the plaintiff denied, whereupon McKee became abusive and enraged, and charged plaintiff with wrongfully attempting to procure more coal than that to which he was entitled; and he thereupon, and without any request to plaintiff to depart or cease his removal of said coal, did wilfully and unlawfully, and with force and arms, seize, assault, beat, and strike, and otherwise maltreat this plaintiff, and inflicted grievous bodily harm and injuries upon his person. As a result of the said injuries so received, the plaintiff was made sick and sore, and necessarily had to be, and was thereupon, confined to his house for a long...
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