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STEWART v. ANDERSON

No. 46025.

246 N.W.2d 576 (1976)

Robert STEWART, et al., Respondents, v. Gloria A. ANDERSON, defendant and fourth-party plaintiff, Appellant. David William CARLS, defendant and third-party plaintiff, Respondent, v. Douglas A. OLSON, third-party defendant, Respondent. HARDWARE DEALERS MUTUAL FIRE INSURANCE COMPANY, third-party defendant and fourth-party plaintiff, Appellant, v. ALLSTATE INSURANCE COMPANIES, fourth-party defendant, Respondent.

Supreme Court of Minnesota.

October 15, 1976.

Attorney(s) appearing for the Case

Kressel, Cecere & Seiler and John G. Kressel, Minneapolis, for appellants.

Christian & Gross, Bloomington, for Stewart, and others.

Robert L. Hoppe, Minneapolis, for Carls and Allstate.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, John Richard Bland and O. C. Adamson II, Minneapolis, for Olson.

Heard before ROGOSHESKE, PETERSON and YETKA, JJ., and considered and decided by the court en banc.

PETERSON, Justice.

This appeal arises from a dispute among the parties whether the driver of one automobile in a three-automobile collision was operating the vehicle with the consent or permission of the owner. If he was, then pursuant to Minn.St. 170.54 the owner of the vehicle is liable for any negligence on the part of the driver, and the owner's insurance policy indemnifies the owner for this liability. The district court concluded from the undisputed evidentiary...

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