Weber v. Stokely Van Camp, Inc.
Minnesota Supreme Court
144 N.W.2d 540 (1966)
- Written by Mary Phelan D'Isa, JD
Facts
Weber (plaintiff) and his employee Sunken were involved in an automobile accident with a truck that was owned and operated by Musser, an employee of Stokely-Van Camp, Inc. (Stokely) (defendant). At the time of the accident, both Sunken and Musser were working within the scope of their employment. Weber was injured in the accident and sued Stokely for the negligence of Musser. Stokely denied Musser’s negligence and alleged Sunken was contributorily negligent and that negligence should be imputed to Weber and Weber’s recovery denied. The trial court instructed the jury that as a matter of law, Sunken’s negligence would be imputed to Weber. The jury returned a verdict for Stokely. Weber appealed and argued that the court should abandon the imputed-contributory-negligence rule.
Rule of Law
Issue
Holding and Reasoning (Knutson, C.J.)
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