Lauritsen v. Lammers

I must dissent from the opinion of the majority in this case. It reverses the district court and orders a new trial on the ground that an instruction given on the matter of the family-car doctrine was erroneous and prejudicial. I believe that when the entire instruction, as given, is read and construed, it is very apparent that the instruction as a whole was correct and proper. It must be remembered that error never will be presumed, but must be affirmatively shown by the record. The burden of showing error is on the party claiming it. Zarak v. Hjelle, 156 N.W.2d 815 (N.D.1968). The jury…