Sever A. Knutson v. Hans Nielsen and Book Reviews

Sever A. Knutson v. Hans Nielsen and by Supreme Court of Minnesota Book Summary

This action was commenced by Sever A. Knutson, the father of Marlene Knutson, age 16, to recover for property damage to his
1957 Nash automobile due to an accident which occurred while the automobile was being driven by his daughter. The plaintiff
was awarded a jury verdict of $2,575. The amount of damages is not in dispute. The defendants moved the court for judgment
notwithstanding the verdict or for a new trial, which motion was denied, and defendants appeal. The plaintiff herein has the benefit of the rule that the reviewing court will view the evidence in the aspect most favorable
to the verdict. The testimony which appears to have a direct bearing on the outcome is as follows: The accident occurred approximately
5 minutes before 6 p.m. on the evening of November 12, 1957. Earlier in the evening Marlene requested permission from her
mother to use the family car for the purpose of going about the farm neighborhood to solicit magazine susbcriptions as her
part in a contest in which the band members at the Jackson High School were engaged. The subscription contest was conducted
for the benefit of the high school band fund and proceeds were to be used for uniforms, music, some of the larger band instruments,
and band equipment. She was a senior at the high school at the time and played solo clarinet in the band. The record indicates
that she was not obliged to participate in the subscription solicitation and that regardless of whether she did or not she
could play in the band and have the uniform and equipment that the school required. The membership in the band was not required
and no credit towards high school graduation was given for such participation.

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