Legal Opinion

Jensen v. Fischer

Supreme Court of Minnesota

Decided November 10, 1916No. Nos. 19,899—(62)PublishedCited by 27 opinions

Action in the district court for Ramsey county against John Fischer and his son Edward Fischer to recover $31,000 for personal injury received in a collision with an automobile driven by defendant Edward. The separate answers of defendants alleged that the injuries of plaintiff were caused solely by his own carelessness.

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Action in the district court for Ramsey county against John Fischer and his son Edward Fischer to recover $31,000 for personal injury received in a collision with an automobile driven by defendant Edward. The separate answers of defendants alleged that the injuries of plaintiff were caused solely by his own carelessness. The case was tried before Brill, J., who at the close of the testimony granted a motion to direct a verdict in favor of defendant John, and a jury which returned a verdict for $10,000 against defendant Edward. From an order denying his motion for a new trial, plaintiff…

1Opinion of the CourtHolt, J.

The defendants were sued for damages sustained by plaintiff in a collision between a motorcycle upon which the latter was riding and a Packard touring car, owned by the defendant John Fischer, but driven by his son, the defendant Edward Fischer. When the testimony was concluded the court directed a verdict in favor of defendant John Fischer. A verdict was rendered against the son. Thereupon plaintiff moved for a new trial as to J ohn Fischer. It was denied and this appeal taken.

The automobile in question was bought and kept by John Fischer for family use. Edward, 20 years old, knew how to…

2Cases cited1 opinion

  1. Burud v. Great Northern Railway Co.Supreme Court of Minnesota · 1895

3Cited by27 opinions

  1. O'Dea v. AmodeoSupreme Court of Connecticut · 1934
  2. O'Leary v. WangensteenSupreme Court of Minnesota · 1928
  3. Babich v. Oliver Iron Mining Co.Supreme Court of Minnesota · 1923
  4. Olsson v. Midland InsuranceSupreme Court of Minnesota · 1917
  5. Johnson v. EvansSupreme Court of Minnesota · 1919

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