Staib v. Tarbell

The plaintiff in this action is the widow of Jacob Staib, andl the administratrix of his estate. The action is brought to recover damages for hi,s death, claimed to have been caused1 by being struck and run over by the defendant’s automobile on the evening of the 4th of February, 1935. Defendant was prosecuted criminally for causing the death of Staib (State v. Tarbell, 64 S. D. 330, 266 N. W. 677), and the facts of this case are the same as those involved in the criminal case.

Plaintiff’s rig'ht of recovery in this case is based upon the alleged negligence of defendant in the manner in which…