284 N.W. 782 | Minn. | 1939
The county employed Krosch as county engineer and fixed his salary under 1 Mason Minn. St. 1927, § 2569(1, 2), which authorizes counties to employ a county engineer and fix his compensation. There are findings that as part of his compensation as county engineer the county furnished Krosch with the automobile, which he was driving at the time of the collision, to be used by him in the performance of his duties and for his own business and pleasure; that the insured knew at the time the policy was issued that the county furnished the automobile to Krosch for his individual as well as business use; that at the time of the collision he was using the automobile with the express permission of the county and that such use was covered by the insurance. As a conclusion of law, judgment was ordered in favor of plaintiff against the garnishee. The garnishee appeals and assigns 18 errors which it says "raise the question whether or not the lower court was right in deciding the case in favor of plaintiff and against the garnishee, upon the ground, and the only ground possible, that the defendant was *587 using the automobile in question on the occasion in question with the permission of the county of Martin, the named insured in the policy issued to the county by the garnishee." It contends that the automobile was not being driven with the county's permission because (1) no consent in fact was given by the county board; and (2) any permission given was invalid upon the grounds that it authorized the use of public property for a private purpose.
1. While some point was made at the trial that no permission in fact was given by the county to Krosch to use the automobile for his personal purposes at the time of the collision, that issue was eliminated below. In a memorandum attached to the findings of fact and conclusions of law the court below stated that the garnishee did not deny consent in fact, but only the power of the county to give permission, as, for example: "garnishee does not dispute this express permission [that is, of the county permitting Krosch to use the automobile], but denies the power of the county to give such permission." Although a motion was made for amended findings or a new trial, this and similar statements were not directly challenged. The statement of the trial court as to the issues both of law and fact will be accepted on appeal. Johnson v. Mac Leod,
2. The effect of the omnibus clause was to extend the insurance coverage to any person while using the automobile with the consent of the named insured. Peterson v. Maloney,
Affirmed.
MR. JUSTICE HILTON, incapacitated by illness, took no part.