WERNER TRANSP. CO. v. DEALER'S TRANSPORT CO.

Civ. Nos. 409, 410.

102 F.Supp. 670 (1951)

WERNER TRANSP. CO. v. DEALER'S TRANSPORT CO. et al. SORENSEN v. DEALER'S TRANSPORT CO. et al.

United States District Court D. Minnesota, First Division.

December 18, 1951.


Attorney(s) appearing for the Case

M. Arnold Lyons, of Minneapolis, Minn., for plaintiffs.

G. P. Mahoney, of Minneapolis, Minn. (Mahoney, Morrison & Cragg, of Minneapolis, Minn., of counsel), for Dealer's Transport Co.

Roy J. Mordaunt (of Mordaunt and Mordaunt), Minneapolis, Minn., for Clark Transport Co.

Harold J. Carroll, of Minneapolis, Minn. (Carroll & Thorson, of Minneapolis, Minn., of counsel), for Henry R. Beezley.


NORDBYE, Chief Judge.

The Court is of the opinion that the jury were instructed properly when they were charged that, if there was actionable negligence on the part of the defendant Beezley, all of the defendants jointly and severally would be responsible for such negligence. Under the evidence, not only was Beezley acting as agent for both companies in a joint enterprise in which both of them participated in the returns of the venture, but Dealer's Transport Company...

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