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THOMAS v. MERRIAM

No. 9772.

337 P.2d 604 (1959)

Gaar THOMAS, Plaintiff and Appellant, v. Gordon MERRIAM, M. D., Defendant and Respondent.

Supreme Court of Montana.

Decided March 23, 1959.

Rehearing Denied April 20, 1959.

Attorney(s) appearing for the Case

Colgrove & Brown, Miles City, for appellant.

Roland V. Colgrove, Miles City, argued orally.

Brattin, Habedank & Cumming, Sidney, for respondent.

Otto F. Habedank, Sidney, argued orally.

ANGSTMAN, Justice.

This is an appeal by plaintiff from a judgment of nonsuit. The action is for malpractice against Dr. Gordon Merriam. Pending the action Dr. Merriam died and by stipulation his estate was substituted as party defendant.

Plaintiff in the year 1951 was a resident of Fairview, Montana. At the age of 67 or 68, just before Christmas in 1951 he became ill. Dr. Merriam, a physician practicing medicine in Fairview was called to attend him. Plaintiff...

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