DIMICH v. NORTHERN PACIFIC RAILWAY COMPANY

No. 9827.

348 P.2d 786 (1959)

Daniel W. DIMICH and Mike Dimich, Jr., Administrators of the Estate of Mike Dimich, Deceased, Plaintiffs and Respondents, v. NORTHERN PACIFIC RAILWAY COMPANY, a corporation, and Peter Dull, Defendants and Appellants.

Supreme Court of Montana.

Rehearing Denied February 4, 1960.


Attorney(s) appearing for the Case

Coleman, Lamey & Crowley, Billings, for appellants. John C. Sheehy, Billings, argued orally.

J.H. McAlear, Red Lodge, for respondents.


BOTTOMLY, Justice.

This is an appeal by defendants from a judgment entered on a verdict in favor of plaintiff in a personal injury action and from an order denying defendants' motion for a new trial.

On the evening of November 12, 1953, at about the hour of 7:15 p.m., Mike Dimich, plaintiff herein, was riding as a passenger in an automobile traveling between the towns of Rockvale and Joliet, Montana. There were three people present in the automobile. Mike...

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