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JOHNSON v. ST. PATRICK'S HOSPITAL

No. 11470.

448 P.2d 729 (1968)

Bror V. JOHNSON, Plaintiff and Respondent, v. ST. PATRICK'S HOSPITAL and Stephen L. Odgers, Defendants and Appellants.

Supreme Court of Montana.

Submitted November 19, 1968.

Attorney(s) appearing for the Case

Garlington, Lohn & Robinson, C.P. Brooke, Sherman V. Lohn, (argued), William Evan Jones, (appeared), Missoula, for defendants and appellants.

Landoe & Gary, Anderson & Brown, H.B. Landoe and Gene I. Brown, (argued) Bozeman, for plaintiff and respondent.

VICTOR H. FALL,* District Judge.

This is an appeal by the defendants from an adverse judgment rendered by the court below. The complaint was based upon a charge of negligence against the defendants and was tried to the court sitting without a jury. Essentially the factual situation as presented was as follows:

The plaintiff, Bror Johnson, when doing construction work for the Northern Pacific...

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