Volume 253 — Minnesota Reports

<bold>Evidence — admissibility — business records — account books</bold> <bold>of illiterate laborer</bold>. <block_quote> 1. The account books of an illiterate laborer as well as those of a tradesman or a banker are admissible in evidence. Under <cross_reference>29 USCA, § 216</cross_reference>(b), of the Fair Labor Standards Act, an employee bringing suit for overtime compensation and for liquidated damages has the burden of proving that he performed work for which he was not properly compensated. <italic>Held</italic> that a record kept by an employee of the number of overtime hours worked each day was admissible within the discretion of the trial court.</block_quote> <bold>New trial — determination of motion therefor — consideration</bold> <bold>of facts not in evidence</bold>. <block_quote> 2. It was error for the trial court to base its determination of a motion for a new trial or judgment notwithstanding the verdict on facts not in evidence and on hearsay statements found on records that were not part of the case.</block_quote>

<bold>Automobiles — negligence of driver — entering intersection at</bold> <bold>excessive speed — proximate cause of collision</bold>. <block_quote> 1. Under the circumstances recited in this opinion the negligence of the automobile driver who entered an intersection at an excessive rate of speed was not an efficient intervening cause breaking the chain of causation between the appellant's negligence and the resulting collision, where the record establishes that the negligence of appellant in entering the intersection at or about the same time without maintaining a proper lookout or yielding the right-of-way constituted a concurrent and contributing cause of the collision.</block_quote> <bold>Sales — time when title passes — intent of parties — how</bold> <bold>determined</bold>. <block_quote> 2. Title to personal property passes as of the time the parties<page_number>Page 200</page_number> intend it should pass. The intent of the parties is determined objectively from the acts and conduct of the parties at the time of the transaction which gives rise to the intention to pass title, as well as from the terms of the contract, usages of trade, and circumstances of the case.</block_quote> <bold>Evidence — admissibility — accident reports of highway</bold> <bold>department — privileged nature</bold>. <block_quote> 3. M.S.A. <cross_reference>169.09</cross_reference>, subd. 13, relating to accident reports maintained by the highway department, makes such reports privileged except for information relating to names and addresses of persons involved in the accident.</block_quote>

<bold>Appeal and error — decision by equally divided court</bold>.