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CASSADAY v. CITY OF BILLINGS

No. 9800.

340 P.2d 509 (1959)

Ada CASSADAY, Plaintiff and Appellant, v. CITY OF BILLINGS, a Municipal Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided June 18, 1959.

Attorney(s) appearing for the Case

Joseph P. Hennessey, Billings, for appellant.

Coleman, Lamey & Crowley, James F. Battin, Billings, for respondent. Cale J. Crowley, Billings, argued orally.

CASTLES, Justice.

This is an appeal from a judgment of nonsuit. The matter was submitted to the trial court on an agreed statement of facts which consisted of the appellant's testimony, and it was stipulated that the appellant would corroborate the testimony with other evidence. The stipulations then provided for submission to the court of the respondent's motion for nonsuit, and if the motion was granted that judgment would be entered with the same force and effect...

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