Lunderberg v. Bierman

Dell, Chief Justice.

Margaret A. Bierman purchased a 1950 Hudson automobile from Reuben Gr. Lunderberg, an individual doing business as Lunderberg Motor Company, referred to hereinafter as Lunderberg Motor. The contract of purchase provided for a 2,000-mile checkup. On March 21, 1950, Mrs. Bierman took her car to Lunderberg Motor’s garage for such checkup. Walter Ilstrup and Elder Lunderberg were employees of Lunderberg Motor. As part of the checkup, Ilstrup and Elder Lunderberg took the car out for a road test. Ilstrup was driving, and Elder was sitting beside him. In the course of the road…