123 Minn. 492 | Minn. | 1913
This action was brought to recover damages for injuries sustained by one of tbe plaintiff’s horses while working for tbe defendants. There was a verdict for tbe plaintiff. Tbe defendants appeal from tbe order denying tbeir alternative motion.
The plaintiff’s team worked for The defendants. One Arndt drove it.
The evidence justifies a finding of The jury that Arndt was negligent and that bis negligence caused an injury to one of the horses.
The situation is this: If The plaintiff hired bis team and driver to The defendants, Arndt to be his servant in driving The team, The defendants are not liable for Arndt’s negligence in driving it. If Arndt was The servant of The defendants in driving The plaintiff’s team, and negligently injured one of them, The defendants are liable. The case was concisely submitted to The jury by The trial court along these lines.
The evidence strongly supports The cqntention of The defendants that they hired of the plaintiff bis team and driver at a gross sum per month with The understanding that The driver was to be with The team, as be always was, and was to be in The employ of The plain
Order reversed and new trial granted.