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JONES v. VIRGINIA SURETY COMPANY

No. 10863.

401 P.2d 570 (1965)

Alfred E. JONES, Plaintiff and Appellant, v. VIRGINIA SURETY COMPANY, Defendant and Respondent.

Supreme Court of Montana.

Decided May 5, 1965.

Attorney(s) appearing for the Case

Smith, Boone & Karlberg, Missoula, Karl Karlberg (argued), Missoula, for appellant.

Jeremy Thane (argued), Missoula, for respondent.

JOHN C. HARRISON, Justice.

This is an appeal from a judgment for the defendant. The case was tried before the Honorable Emmett Glore without a jury, on an agreed statement of facts.

The agreed statement of facts is as follows:

"On June 13, 1962, plaintiff was the owner of a 1962 Autocar truck, Motor No. 177878. On that date the truck was being driven on a Forest Service Road. A logging contractor was working in the forest adjacent to the road. As the...

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