Wallace v. Brende

This action arises out of an automobile accident which resulted in the death of plaintiff’s husband. The defendants, Brende and Krogstad, together with one Peterson, had spent some time on a Sunday afternoon at a place described in the evidence as “Midway Station” on highway No. '77 between Dell Rapids and Sioux Falls. While at this station Krogstad and Peterson, who were there before Brende, were playing cards and drinking beer. Brende came into the station about 8 o’clock and, according to the testimony of Peterson was “half ways intoxicated.” About 9:30 o’clock the three men, Brende,…