HURLY v. TYMOFICHUK

No. 10119.

359 P.2d 378 (1961)

Robert HURLY, Administrator of the Estate of Maggie Lonetunder, Deceased, Plaintiff and Respondent, v. Mike TYMOFICHUK, Defendant and Appellant.

Supreme Court of Montana.

Decided February 9, 1961.


Attorney(s) appearing for the Case

Leonard H. Langen, Glasgow, M. J. Traynor, Scobey, Leonard H. Langen argued orally, for appellant.

John Marriott Kline, Glasgow, Vernon Hoven, Plentywood, John Marriott Kline argued orally for respondent.


ANGSTMAN, Justice.

Plaintiff received a verdict against defendant in the sum of $5,000. Judgment was entered accordingly. Defendant's motion for a new trial was denied and he appealed from the judgment. The law suit arose out of an automobile accident which occurred on August 25, 1956, from the collision of two automobiles. The accident happened about thirty-three miles south of Scobey, Montana, on Highway 13, at a little after sunset.

Defendant was driving...

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