HOCKEMEYER v. POOLER

Nos. 38,904, 38,905, 38,936, 38,941.

268 Minn. 551 (1964)

130 N.W. (2d) 367

ALBERT HOCKEMEYER, TRUSTEE FOR HEIRS OF ELSIE HOCKEMEYER, v. HOMER BOYD POOLER. MOTORS INSURANCE CORPORATION AND OTHERS, THIRD-PARTY DEFENDANTS.

Supreme Court of Minnesota.

July 24, 1964.


Attorney(s) appearing for the Case

O.C. Adamson II and Carl W.S. Peltoniemi, for appellants Goetz and Everson.

Norman H. Nelson, Carroll, Cronan, Roth & Austin, Frank X. Cronan, and Walter S. Buehler, for appellant Motors Insurance Corporation.

Charles R. Kennedy and Don E. Kennedy, for respondent defendant.


NELSON, JUSTICE.

This appeal arises out of a collision between an automobile in which decedent, Elsie Hockemeyer, was a passenger and an automobile owned and operated by defendant and third-party plaintiff, Homer Boyd Pooler. Plaintiff, Albert Hockemeyer, brought an action for death by wrongful act against Pooler, who admitted his negligence, and recovered a verdict of $25,000. In a third-party action Pooler demanded indemnity from Motors Insurance Corporation (hereinafter...

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