# Posey Ex Rel. Posey v. Krogh

> North Dakota Supreme Court · December 20, 1934 · 65 N.D. 490

URL: https://www.frixlaw.com/law-library/cases/3682434

## Case

- **Full name:** EVELYN POSEY, by Clara Posey, Her Guardian Ad Litem, Respondent, v. BLANCHE A. KROGH, Appellant; And HARRIET MILNE, by R. B. Milne, Her Guardian Ad Litem, Respondent, v. BLANCHE A. KROGH, Appellant
- **Court:** North Dakota Supreme Court
- **Decided:** December 20, 1934
- **Citations:** 65 N.D. 490; 259 N.W. 757; 1934 N.D. LEXIS 201
- **Precedential status:** Published
- **Opinion:** Concurrence by Moellring
- **Judges:** Burr, Moellring, Christianson, Burke, Nuessle, Morris
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3682434

## Opinion text

Moellring, J.
(Specially concurring.) I concur in the result. It is my view that under the facts in this case chapter 184, Session Laws of 1931, precludes recovery of damages. I do not concur in the reasoning or the conclusion that the defendant, Blanche A. Krogh, under the evidence in this case, is not governed by the rules of the so-called “family car doctrine,” for if we assume that she is so governed then said chapter 184 is likewise applicable and recovery cannot be had.
In determining this case, therefore, it is not necessary to pass upon the question as to whether .or not defendant’s possession and ownership of the automobile bring her within the rules of the family car doctrine, and I therefore express no opinion thereon.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3682434. Public record. Not legal advice.