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BENNER v. B.F. GOODRICH COMPANY

No. 11229.

430 P.2d 648 (1967)

Theodore BENNER, Administrator of the Estate of Jack R. Benner, Deceased, Plaintiff and Appellant, v. B.F. GOODRICH COMPANY, a corporation, and James Moll, Defendant and Respondent.

Supreme Court of Montana.

Rehearing denied August 15, 1967.

Attorney(s) appearing for the Case

Sias & Hendrickson, Oscar Hendrickson (argued), Chinook, for appellant.

Burns & Thomas, Bernard W. Thomas (argued), Chinook, for respondent.

JOHN C. HARRISON, Justice.

This is an appeal from a denial of a motion for a new trial after the jury trial resulted in a verdict for the defendant.

The cause of action is a wrongful death action by Theodore Benner, administrator of the estate of Jack R. Benner against respondents Moll and B.F. Goodrich Company.

On January 21, 1965, at approximately 2:50 a.m., Jack R. Benner, son of plaintiff-appellant Theodore Benner, was riding in a 1964 Falcon pick...

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