Legal Opinion · Dissent

Carlson v. Fredsall

Supreme Court of Minnesota

Decided May 27, 1949No. Nos. 34,663, 34,676Published

1DissentBoring, Chief Justice

I find myself in disagreement with the views of the majority in two respects: First, as to the holding that there was a question for the jury as to whether the consent by Robert Fredsall to his brother Roger was broad enough to authorize the lending of the car by Roger to a third person; second, as to the question of whether the action of Worthley, the motorman, whether negligent or not, was connected as cause with the injury to plaintiff.

On the first question, the family-car doctrine is merged in and superseded by M. S. A. 170.54 of chapter 170, known as the safety responsibility act.…

2Cases cited33 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. Butner v. SpeaseSupreme Court of North Carolina · 1940
  3. Butner v. . SpeaseSupreme Court of North Carolina · 1940
  4. Hoag v. Lake Shore & Michigan Southern RailroadSupreme Court of Pennsylvania · 1877
  5. Geisen v. LuceSupreme Court of Minnesota · 1932

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