4 N.W.2d 632 | Minn. | 1942
The complaint, considered as true for purposes of testing the demurrer, alleges that during the time here pertinent, Fred Karalis, D.N. Karalis, and John Karalis operated the Lakeview Bakery Company as copartners. The partnership owned a Buick sedan passenger car used in their business. It was registered in the partnership name. On July 22, 1941, John, while negligently driving the Buick with the permission of his partners, ran over *32 and injured his wife, the plaintiff. She brought this action against the three partners individually and as copartners.
Plaintiff contends that she is entitled to recover under Mason St. 1940 Supp. § 2720-104 (safety responsibility act), which states:
"Whenever any motor vehicle * * * shall be operated upon any public street or highway of this State, by any person other than the owner, with the consent of the owner express or implied, the operator thereof shall in case of accident, be deemed the agent of the owner of such motor vehicle in the operation thereof."
In Kangas v. Winquist,
It is the law in this state that a wife cannot sue her husband for a personal tort, either negligent or intentional, perpetrated during coverture. Woltman v. Woltman,
As pointed out in Drake v. Drake,
Thus the case at bar is controlled by Belleson v. Skilbeck,
Miller v. J. A. Tyrholm Co.
It is significant that in New York, where similar partnership and safety responsibility statutes are in force and from which state our own safety responsibility act appears to have been taken, the courts deny liability of the partnership to the wife of the tortfeasor partner, Caplan v. Caplan,
Neither the individual partners nor the partnership are liable in the case at bar.
Order affirmed.
MR. JUSTICE STONE, absent because of illness, took no part in the consideration or decision of this case. *34