American State Bank v. List-Mayer

Having pioneered some theory in this action, see American State Bank, Trust Dep’t v. Mayer, 326 N.W.2d 110, 113 (S.D.1982) (Henderson, J., concurring specially in part, dissenting in part), which appears to be bearing some fruit, nonetheless, I must write specially to preserve the integrity of my thought.

Notice in my first writing that “I would permit the introduction of blood alcohol tests on pedestrians involved in accidents providing that it is first established that there is evidence of contributory negligence on the part of the pedestrian.” Id. *48at 113 (emphasis supplied). Were it not so,…