Laurie v. Mueller

78 N.W.2d 434, 248 Minn. 1, 1956 Minn. LEXIS 609
CourtSupreme Court of Minnesota
DecidedMay 4, 1956
Docket36,681
StatusPublished
Cited by13 cases

This text of 78 N.W.2d 434 (Laurie v. Mueller) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Laurie v. Mueller, 78 N.W.2d 434, 248 Minn. 1, 1956 Minn. LEXIS 609 (Mich. 1956).

Opinions

Murphy, Justice.

The two actions involved in this appeal were originally brought by Cecelia Laurie, a five-year-old minor, through Erlene Laurie, her mother and natural guardian, and by the mother in her own behalf for damages resulting from the alleged negligence of defendant Ralph Mueller in dropping a hunting knife so that it was deflected into the child’s eye resulting in the necessary removal of the eye. Mueller was employed as a caretaker in an apartment building owned by defendant Haws Realty Company. Before the trial the district court granted plaintiffs’ motion to dismiss the actions without prejudice as to defendant Mueller and defendant L. L. Hanson, Inc., which company was Haws Realty’s rental agent. After verdicts for the plaintiffs, the Haws Realty Company, hereinafter called defendant, moved for judgment notwithstanding the verdicts or in the alternative for a new trial. From the denial of that motion, the defendant [3]*3appeals. It contends that the trial court erred in refusing to grant a directed verdict at the close of all the evidence and in giving certain instructions to the jury in regard to scope of employment.

The plaintiffs, mother and daughter, were tenants of the defendant company, which owns and operates an apartment building containing 19 apartments. The apartment occupied by plaintiffs adjoined the basement apartment of the caretaker, Ealph Mueller. Use of the apartment was included as part of Mueller’s compensation as caretaker. It was customary for tenants in the apartment house to make complaints in regard to the upkeep of their respective apartments to Mueller, or in his absence his wife, in their apartment. There was no other place on the premises where tenants could make complaints.

On November 16,1951, Mrs. Laurie took her five-year-old daughter Cecelia in hand and proceeded next door to the Mueller apartment. Her purpose in so doing was to complain about leaking plumbing fixtures in the Laurie apartment. There was testimony at the trial attempting to show that Mrs. Laurie had visited the Muellers for the purpose of using their telephone, as the Lauries did not have one, but because of the jury’s finding for the plaintiffs, we must assume that she did enter for the purpose of making a complaint. The record does show, however, that Mrs. Laurie was fairly well acquainted with the Muellers through the use of their telephone. At the time of Mrs. Laurie’s visit, Mr. Mueller was not home, but upon Mrs. Mueller’s invitation, Mrs. Laurie went into the apartment with the child. After entering, Mrs. Laurie sat down upon a couch immediately to the left of the door and carried on a conversation with Mrs. Mueller who was ironing clothes at the time. There was a large overstuffed chair in the room to the right and about six feet back of the door.

A short time later at about á p. m. Mr. Mueller came in with a package containing a hunting knife and mitts which he had purchased in preparation for a contemplated hunting trip. The remainder of his hunting equipment had recently been brought into the apartment from a locker where it had been kept in storage. Upon entering, Mueller showed the knife to Mrs. Laurie who took it in her [4]*4hands. There is a dispute in the testimony as to whether the knife was encased in the sheath when he handed it to her. At any rate, she returned it to him after which he took the sheathed knife to his wife who was across the room. As he was about to hand it to her, the knife fell from the sheath. It struck the overstuffed chair, deflected, and the point struck the eye of the child who was sitting beneath the arm of the chair. The accident necessitated an operation to remove the eye later that day. Mueller testified that at no time did he make any observation as to whether the sheath was snapped or not as he carried it over to his wife. Mrs. Laurie at no time prior to the accident made the complaint she had intended to make in regard to the faulty plumbing in her apartment.

The determinative issue is whether the alleged negligence of Mueller in dropping the knife occurred within the scope of his employment so as to bind his employer under the doctrine of respondeat superior. In the modern concept of respondeat superior the law holds the master liable for the torts of his servants even though no fault personally rests upon the master. This doctrine of vicarious liability of the master rests upon the sound principle that, if an employer expects to derive certain advantages from the acts performed by others for him, he, as well as the careless employee, should bear the financial responsibility for injuries occurring to innocent third persons as a result of the negligent performance of such acts.1 But this responsibility is not carried to the point where an employer is absolutely liable for every tortious act of his employees, and there is incorporated within the doctrine a requirement that the servant’s acts must be within the scope of his employment in order that the employer may be held liable.2 Because the term “scope of employment” is impossible of concrete definition, its application must depend upon the circumstances of each individual case.3

[5]*5In the present case we have a situation in which the employee had no set time during which he was to carry out the functions required by Ms employer. In addition to his normal caretaking duties, he was to receive in Ms own apartment what might be completely unexpected complaints in respect to the apartments rented by tenants. His own home, therefore, became the center of what might be termed both “work functions” and “living functions.” The problem here grows out of the dual nature of Mueller’s presence on the premises and requires a distinction between Ms “work functions,” which he performed for Ms employer, and the enumerable acts of a purely personal nature, which Ms employer could not foresee and for which the employee alone would be responsible. Eestatement, Agency, § 285, provides that the act of a servant is not within the scope of his employment “if it is done with no intention to perform it as a part of or incident to a service on account of which he is employed.”4 The act is thus within the scope of employment if the servant is actuated in some degree to serve his master.5

Although Mrs. Laurie came into the apartment to make a complaint, this fact was not communicated to Mueller or to his wife. Mueller could not have known of her purpose, and might well have believed her to be there to use the telephone, as she had in the past, or to visit with his wife. It is therefore difficult to conceive of his act in attempting to show Mrs. Laurie and his wife the newly purchased knife as even remotely being an act in any way resulting from a purpose to serve his employer. Nor was his act of exhibiting the knife an activity wMch the owners of the building authorized the caretaker to carry on. It is obvious that the handling of the knife by Mueller was solely a personal matter in no way related to his duties as a caretaker.6

However, the plaintiffs contend that the act of bringing the knife into the apartment was an act “incident to a service on account of [6]*6which he * * * [was] employed.”7 This position is clearly illustrated by an instruction given the jury by the trial court and objected to by the defendant as not being the law in this state:

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Laurie v. Mueller
78 N.W.2d 434 (Supreme Court of Minnesota, 1956)

Cite This Page — Counsel Stack

Bluebook (online)
78 N.W.2d 434, 248 Minn. 1, 1956 Minn. LEXIS 609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laurie-v-mueller-minn-1956.