Morken v. Pierre
| Decision Date | 10 December 1920 |
| Docket Number | 21,882 |
| Citation | 179 N.W. 681,147 Minn. 106 |
| Parties | FRED MORKEN v. PHILOMEN ST. PIERRE AND ANOTHER |
| Court | Minnesota Supreme Court |
Original Opinion Filed October 29, 1920
Violation of law of the road -- evidence.
1. The evidence is sufficient to sustain the finding that the driver of the automobile negligently failed to turn to the right as required by the law of the road.
Liability of mother for negligence of child driver.
2. It is also sufficient to sustain the finding that the driver, a boy less than 14 years of age, was under the control of his mother who was riding with him, and that she is liable for his negligence.
Owner of car not liable for negligence of his brother.
3. But it is not sufficient to sustain a finding that the owner, a brother of the driver, kept the automobile as a family car, nor that he was responsible for the negligence of the driver on this occasion.
On December 10, 1920, the following opinion was filed:
Appeal by plaintiff from the clerk's taxation of costs. Defendants took a joint appeal and the order was affirmed as to one and reversed as to the other. Plaintiff taxed his costs against the successful defendant. The successful defendant taxed his costs against plaintiff and included therein the entire expense of printing the record and defendant's brief. Plaintiff insists that these items should be divided between the two defendants and that the successful defendant should recover only one-half thereof. As plaintiff fails to point out any portion of the record or brief as not necessary in the proper presentation of the successful defendant's case, the clerk's taxation is affirmed under Nelson v. Munch, 30 Minn. 132, 14 N.W. 578; Hess v. Great Northern Ry. Co. 98 Minn. 198, 201, 108 N.W. 7, 803, and Kretz v. Fireproof Storage Co. 127 Minn. 304, 312, 149 N.W. 648, 955.
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