276 N.W. 739 | Minn. | 1937
1. The order denying defendants' motion below to vacate the order granting plaintiff's motion for a new trial on the issue of damages is not appealable. The statute, 3 Mason Minn. St. 1936 Supp. § 9498(4), provides that an order granting a new trial is appealable if it is based exclusively on errors of law occurring at the trial, so stated by the court in its order or in a memorandum made part of the order. The order granting plaintiff's motion for new trial on the issue of damages does not come within the statute because it is not for error of law occurring at the trial. In the case of Roelofs v. Baber,
2. The statute authorizes an appeal from an order denying a motion for new trial. Defendants' appeal brings up only that part of the order denying their motion for new trial. A nonappealable order is not rendered appealable because it is coupled with an appealable order. An order appealable in part and nonappealable in part will present for review only that part which is appealable. In such a case the nonappealable order or the part of the order which is nonappealable will be disregarded, and only the appeal from the appealable order or the part which is appealable will be considered. Schaedler v. New York L. Ins. Co.
3. The notice of motion is for a new trial of all the issues upon the grounds (1) that the verdict was not justified by the evidence and is contrary to law and (2) that the court erred in denying defendants' motion for a directed verdict in their favor. No other grounds for new trial are assigned. Only errors assigned below can be considered on appeal from an order denying a motion for new trial. 1 Dunnell, Minn. Dig. (2 ed. Supps. 1932, 1934, 1937) § 395. The appeal from the order denying defendants' motion for new trial therefore does not present the question whether it was error for the court below to grant plaintiff's motion for new trial on the issue of damages only.
4. The only question raised by the appeal is whether defendants authorized Swanson to operate their automobile. Swanson was not their employe, and they could be held liable only if such consent was given. By L. 1933, c. 351, § 4, 3 Mason Minn. St. 1936 Supp. § 2720-104, the owner of an automobile is liable for injuries caused by the negligence of one operating his automobile upon a public street or highway with his permission. The alley is a public highway. *472
Patterson-Stocking, Inc. v. Dunn Bros. Storage Warehouses, Inc.
The order is affirmed.