PEXA v. CLARK

Nos. 10663, 10694 and 10699.

176 N.W.2d 497 (1970)

Lillian PEXA, Administratrix of the Estate of Leo Pexa, Deceased, Plaintiff and Appellant, v. Kenneth CLARK and Robert Mechaley, Defendants and Respondents. Lillian PEXA, Administratrix of the Estate of Leo Pexa, Deceased, Plaintiff and Respondent, v. Kenneth CLARK and Robert Mechaley, Defendants and Appellants.

Supreme Court of South Dakota.

April 16, 1970.


Attorney(s) appearing for the Case

Bangs, McCullen, Butler & Foye, Rapid City, for plaintiff.

Costello, Porter, Hill, Banks & Nelson, Rapid City, for defendant Mechaley.

Thomas Ranney and Robert LeFleur, Rapid City, for defendant Clark.


BIEGELMEIER, Judge.

Leo Pexa was the driver of a passenger bus on paved, divided, four-lane U.S. Highway 79 bound for Rapid City, South Dakota, one night when, after passing an automobile about three miles south, he was confronted with several horses on the highway. The bus collided with one of the horses causing the bus to go into the ditch resulting in injuries to Pexa from which he died twelve days later. He left surviving him five children, three of whom were...

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