McCarty v. Budget Rent-A-Car

Knutson, Chief Justice.

This is an appeal from an order of the district court denying plaintiff’s motion for summary judgment and certifying the issue presented as im portant and doubtful, pursuant to Rule 103.03(f), Rules of Civil Appellate Procedure.

The case arises out of a collision on September 30, 1962, between an automobile owned by Budget Rent-A-Car (hereinafter called Budget) and driven, with its consent, by William J. McCarty, Jr., in which car plaintiff was riding as a passenger, and a car owned and driven by Rodney Tweedy. Both plaintiff and McCarty were injured and thereafter…