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185 Minn. 357

241 N.W 37

Felcyn v. Gamble

Supreme Court of Minnesota

Decided February 19, 1932

Supreme Court of Minnesota · decided 1932-02-19

Good law ✅— No negative treatment on recordhow we know

Decided 1932-02-19

How this case has been cited

Cited by 6 later decisions — most recently October 1974

6 state decisions

2019321940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Wilson, C. J.

¶1 (dissenting).

¶2 The distinction seems to me to be wholly illogical. It is not the number of automobiles that constitutes the basis of the so-qalled family car doctrine, but it is the fact that the owner provides it for the recreation, pleasure, and use of the family. The instrumentality is for the beneficial use of the family and purpose of the owner. So serving the family, it is in the promotion of the owner’s *361 welfare. Such being the case, the operator is operating in his interest, and hence he should be liable, which is as though the members of the family were his employes. The reason for the doctrine is just as applicable in the use of a motorboat kept and maintained for the recreation and pleasure of his family as in relation to an automobile so kept. Both are motor vehicles, the one on land, the other on water. In my opinion the rule should be construed as applicable to both.

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