McCUTCHEON v. LARSEN

No. 9628.

333 P.2d 1013 (1959)

Erma McCUTCHEON, Plaintiff and Respondent, v. Ervin J. LARSEN, as Administrator of the Estate of George Sturm, Jr., Defendant and Appellant.

Supreme Court of Montana.

Decided January 9, 1959.

Rehearing Denied January 30, 1959.


Attorney(s) appearing for the Case

Sanders, Cresap & June, Sidney, for appellant.

Paul H. Cresap, Sidney, argued orally for appellant.

Brattin, Habedank & Cummings, Sidney, Joe Hill Jones, Dallas, Texas, for respondent.

Joe Hill Jones, Dallas, Texas, argued orally for respondent.


ANGSTMAN, Justice.

This action is one to recover damages for the death of plaintiff's husband who was killed in an airplane crash on June 28, 1952.

Plaintiff charges negligence on the part of the pilot, George E. Sturm, Jr., who was also killed in the same crash.

At the time of the tragedy there were four persons riding in the airplane, which was a Beechcraft Bonanza, and they were returning to Sidney from Miles City. Upon approaching the landing strip...

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