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VOGEL v. FETTER LIVESTOCK COMPANY

No. 10658

394 P.2d 766 (1964)

Richard VOGEL, Plaintiff and Respondent, v. FETTER LIVESTOCK COMPANY, a Corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided August 11, 1964.

Rehearing Denied September 1, 1964.

Attorney(s) appearing for the Case

Wiggenhorn, Hutton, Schiltz & Sheehy, and Joseph P. Hennessey, John C. Sheehy (argued), Billings, for appellant.

Poore, Poore & McKenzie and Urban Roth, Butte, Vogel, Ulmer & Bair, Robert Vogel (argued), Mandan, N.D., for respondent.

CASTLES, Justice.

This is an appeal from a judgment entered after a jury returned a verdict against the defendant in the sum of $80,000.

The action was one for damages to plaintiff resulting from injuries suffered on or about August 10, 1960, while helping to fight a fire in a building on premises owned by Fetter Livestock Company, defendant.

The action was originally filed on March 9, 1962. Defendant's motion for dismissal was overruled by the trial...

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