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KINGFISHER v. CITY OF FORSYTH

No. 9462.

314 P.2d 876 (1957)

Grace KINGFISHER, Plaintiff and Appellant, v. The CITY OF FORSYTH, a municipal corporation, and A. W. Devine, Defendants and Respondents.

Supreme Court of Montana.

Decided August 2, 1957.

Attorney(s) appearing for the Case

Leavitt Lucas and James P. Lucas, Miles City, F. F. Haynes, Forsyth, James P. Lucas, argued orally, for appellant.

Russell K. Fillner, County Atty., and H. G. Young, Forsyth, Russell K. Fillner, County Aty., aruged orally, for respondent.

CASTLES, Justice.

This is an appeal from a judgment of dismissal on the pleadings entered by the district court as to the defendant City on its motion. The action was brought by the surviving widow on her own behalf, and on behalf of surviving children for damages for the wrongful death of Charles Kingfisher, which death resulted from a fatal shooting on July 4, 1953, by A.W. Devine, one of the defendants, a policeman of the defendant City of Forsyth. The judgment...

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