Minnesota Supreme Court, 1894

Cofield v. McCabe

Cofield v. McCabe
Minnesota Supreme Court · Decided July 13, 1894 · Buck, Gtlfillan, Sick, Took
58 Minn. 218; 59 N.W. 1005; 1894 Minn. LEXIS 386 (Minnesota Reports)

Counsel

W. S. McClenahan, for appellant., W. A. Fleming, for respondent.

Can I rely on this case?

Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.

(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1973, among the opinions in this site’s citation index.

Not a substitute for Shepard’s or KeyCite — verify before relying.

See our Terms of Use before relying on these notes. Report an error

Cofield v. McCabe

Cases that cite this one

2 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Gtlfillan, C. J.

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

From 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.

Judgment reversed.

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

(Opinion published 59 N. W. 1005.)

Case-law data current through September 30, 2026. Source: CourtListener bulk data.