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WYANT v. DUNN

No. 10216.

368 P.2d 917 (1962)

Robert L. WYANT, Plaintiff and Respondent, v. Edward D. DUNN, d/b/a Anaconda Disposal Service, and Charles F. McCarthy, Jr., Defendants and Appellants.

Supreme Court of Montana.

Rehearing Denied March 7, 1962.

Attorney(s) appearing for the Case

Knight & Dahood, Anaconda, Wade J. Dahood, Anaconda, (argued orally), for appellants.

Emmet T. Walsh, Anaconda, (argued orally), Wellington D. Rankin and Arthur P. Acher, Helena, for respondent.

HARRISON, Justice.

This is an appeal by the defendants, Edward D. Dunn and Charles F. McCarthy, Jr., from a verdict and judgment in favor of the plaintiff, Robert L. Wyant, in the sum of $15,195. The action is to recover damages for the wrongful death of the plaintiff's minor son, Mark Eric Wyant, killed by a garbage truck driven by the defendant, Charles F. McCarthy, Jr., and owned by the defendant, Edward D. Dunn.

The complaint alleges: That at all the times...

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