Kolatz v. Kelly

Thomas Gallagher, Justice.

Plaintiff commenced this action to recover for personal injuries and property damage to his automobile sustained when an automobile owned by the defendant Dr. George X. Levitt and driven by one Harvey T. Thompson, an employee of the defendant Lawrence J. Kelly, collided with plaintiff’s automobile on the morning of December 19, 1950, at the intersection of Fourth and Market streets in a downtown business area in the city of St. Paul. At the close of plaintiff’s evidence, the trial court directed a verdict for the defendants on the ground that the plaintiff was guilty…