Clay County v. Burlington Northern, Inc.

This negligence action was brought by Clay County, a municipal corporation, to recover for damages to a road grader owned by it and operated by one of its employees. Plaintiff contends on this appeal 1 that the trial court erred in not applying the holding of this court in Weber v. Stokely-Van Camp, Inc. 274 Minn. 482, 144 N. W. 2d 540 (1966), to the present case.

The matter came before the trial court on a stipulation of facts which established that on May 8, 1970, plaintiff owned a road grader, a motorized piece of heavy equipment used for road maintenance. On the day in question, Leonard…