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Kohlman v. Hyland

North Dakota Supreme Court

210 N.W. 643 (1926)

Facts

An employer (defendant) was engaged in the building and repair of telephone lines. The employer sent a crew to a job site about 100 miles away with instructions to travel along a set route. The crew’s foreman departed from the path on a personal errand, adding several miles to the trip. Upon completing the errand, the foreman headed back to the location of the job along a different road, where the foreman struck another vehicle. One of the vehicle’s passengers (plaintiff) was injured and sued the employer. The employer moved for dismissal, which the trial court granted. The North Dakota Supreme Court granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Johnson, J.)

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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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Dissent (Burke, J.)

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