Briley v. Austad

SATURE, Chief Justice.

This is an appeal from a judgment of the district court of McLean County in favor of the plaintiffs and against the defendants. *698The action was brought under the so called wrongful death statute. Sec. 32-2101 NDRC 1943. The facts are substantially as follows:

On the evening of November 9, 1957 at about 9:10 p. m. the defendant Gary E. Austad was driving a truck in a southerly direction on a section line road which intersects state highway No. 37 about two and one half miles east of the Village of Roseglen. On the same evening Mrs. Catherine Haugen was driving an automobile…