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ALLIED MUTUAL CASUALTY COMPANY v. NELSON

No. 40098.

143 N.W.2d 635 (1966)

ALLIED MUTUAL CASUALTY COMPANY et al., Appellants, v. Carroll John NELSON et al., Respondents.

Supreme Court of Minnesota.

Rehearing Denied July 7, 1966.

Attorney(s) appearing for the Case

Plunkett & Peterson, Winona, for appellants.

Pemberton, Michaels, Bishop, Seeger & Rosenblad, Rochester, for Nelson.

Thomas O. Kachelmacher and Louis Bialick, Minneapolis, for Bauer.

Walter W. Laidlaw, Minneapolis, for Hero and also Bauer.

OPINION

MURPHY, Justice.

This appeal from an order of the district court asserts error in the determination that a nonowner driver of an automobile was using the automobile with the consent of the owner at the time and place of the accident which gave rise to damages and that he was an insured person within the terms of an omnibus clause contained in a policy issued to the owner of the automobile by plaintiff Allied Mutual Casualty Company.

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