Thomas Ellingboe v. Roy D. Guerin

Action in the district court for Ramsey county to recover for damage to plaintiff's auto, driven by his daughter, arising out of a collision with defendant's car, wherein defendant counterclaimed for damage to his car. Actions by Marilyn Stapleton, plaintiff's daughter, and by Jacqueline, her daughter, brought to recover for personal injuries sustained in the same accident, were tried at the same time. The cases were tried before Albin S. Pearson, Judge, and a jury, which returned a verdict for Jacqueline. In the other two cases verdicts were returned for defendant, the jury having determined that Marilyn was guilty of contributory negligence. Subsequently, because of the finding as to Marilyn's negligence, which barred her right to recovery, the court determined that such negligence could not be imputed to plaintiff, and the jury was directed to return a verdict for plaintiff and to assess the damage to his car. From the judgment entered pursuant to a verdict of $800 for plaintiff, defendant appealed. AUTHOR: MAGNEY