Behrns v. Burke

While I concur in the result reached that SDCL 32-34-1 is constitutional, I cannot concur in that part of Justice Doyle’s opinion which reflects on the integrity of the jury system. The hypothetical cases set out in the majority opinion over-simplify the issues in those actions which are legitimately brought to the jury. To the extent also that the opinion deals with the wisdom of the guest statute, it is well settled that, “[i]t is not the function of the Court to inquire into the wisdom, policy, necessity, or expediency of legislation.” State ex rel. Dunker v. Spink Hutterian Brethren,…