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BRILEY v. AUSTAD

No. 7854.

108 N.W.2d 696 (1961)

Marcella BRILEY, for the Use and Benefit of herself and Dolores Ann Briley, Jacqueline Briley, and Michael John Briley, Minors, and Vonne Jo Briley, for the Use and Benefit of Lonnie Dale Briley, a Minor, Plaintiffs and Respondents, v. Gary E. AUSTAD, Erwin Austad, Catherine M. Haugen, Weldon L. Haugen, Alvin William Frericks and Garritt Bakker, Defendant and Appellant, and Alvin William Frericks, Defendant and Respondent.

Supreme Court of North Dakota.

April 17, 1961.

Attorney(s) appearing for the Case

Mackenzie & Jungroth, Jamestown, for defendant and appellant.

Bosard, McCutcheon & Coyne, Minot, for plaintiffs and respondents.

Strutz, Jansonius & Fleck, Bismarck, for defendant and respondent, Alvin William Frericks.

SATHRE, 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. The 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...

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