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Abstract

Plaintiff brought an action to recover for damage to his automobile resulting from a collision with defendant's automobile. Each of the vehicles was being negligently operated by the son of the owner. A statute provided that one operating a vehicle with the owner's consent should be deemed the owner's agent. The court refused to give an instruction which would preclude plaintiff's recovery if the jury found that his son's negligence contributed to the accident. On appeal from a verdict for the plaintiff, held, affirmed. The statute makes the bailor liable to persons injured because of the bailee's negligence but does not impute this negligence to the bailor so as to bar recovery against a third person. Furthermore, the "family-purpose" doctrine has been superseded by the statute. Jacobsen v. Dailey, 228 Minn. 201, 36 N.W. (2d) 711 (1949).

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