Lambach v. Northwestern Refining Co. Inc.

While I am inclined to agree with Mr. Commissioner Magney that judgment should be entered for the defendants, nevertheless, I believe that a new trial should be granted in the furtherance of justice.

There was confusion in this case, but it did not come about because of the instruction relating to the presumption of due care as provided by Minn St. 602.04. It occurred because of the consolidation of cases *126which should not have been tried together. From at least the year 19181 until 1939, when the opinion of Ryan v. Metropolitan Life Ins. Co. 206 Minn. 562, 289 N. W. 557, was handed down, this…