Washington Law Review




A master, riding as passenger in a vehicle operated by his servant within the scope of employment, sustained personal injuries and property damage when the vehicle collided with one negligently operated by an employee of defendant corporation. In the master's suit to recover from defendant corporation, his servant was found contributorily negligent. The trial court ruled that this contributory negligence was imputed to the master, as a matter of law, to bar recovery on his negligence claim. On appeal, the Minnesota Supreme Court reversed. Held: The rule that contributory negligence of a servant acting within the scope of his employment is imputed to a master so as to bar the master's right of recovery against a negligent third party is abandoned in automobile negligence cases. Weber v. Stokely-Van Camp, Inc., 144 N.W.2d 540 (Minn. 1966).

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