Cofield v. McCabe

Decided July 13, 1894

Supreme Court of Minnesota · decided 1894-07-13

Appeal by defendant, James McCabe, from a judgment of the District Court of Crow Wing County, G. W. Holland, J., entered January 31,1894, for $827.55. James McCabe kept a saloon at Brainerd for the sale of intoxicating liquors, and Patrick McCabe was his bartender. On July 6, 1893, the plaintiff, John M. Cofield, a farmer, was there noisy and disorderly. Patrick McCabe called him into a back room, assaulted him, and broke his leg. James McCabe was not present.

Cited by 2 later decisions — most recently October 1973

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1894-07-13

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Gtlfillan, C. J.

¶1It is impossible to sustain tbe verdict against the defendant James McCabe.

¶2From the plaintiff’s own testimony, the assault on him by Patrick McCabe was no way connected with the business of his employer, James McCabe, who was not present, and knew nothing of it. According to that testimony, it ivas an independent act of Patrick, on his own account. The only particular in which the other testimony tends to vary the story as told by plaintiff is in its tending to show him the aggressor. The judgment must be reversed as to James McCabe.

¶3Judgment reversed.

Buck, J., absent, sick, took no part.

¶4(Opinion published 59 N. W. 1005.)