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GAGNIER v. CURRAN CONSTRUCTION COMPANY

No. 11388.

443 P.2d 894 (1968)

Andre GAGNIER and Emma Gagnier, Plaintiffs and Respondents, v. The CURRAN CONSTRUCTION COMPANY, a Montana Corporation, John H. Buck and William F. Curran, Jr., Defendants and Appellants.

Supreme Court of Montana.

Decided July 22, 1968.

Rehearing Denied August 19, 1968.

Attorney(s) appearing for the Case

Karl R. Karlberg, argued, Missoula, for appellants.

Dexter L. Delaney, argued, Sherman V. Lohn, argued, Missoula, for respondents.

JOHN C. HARRISON, Justice.

This appeal is from a jury verdict for damages resulting from the death of a child. The jury awarded an amount of $35,661 of which $25,000 was for punitive or exemplary damages.

On September 24, 1963, Renee Gagnier, aged 9, and a playmate, Christine Byington, were suffocated at a cave-in of an excavation on property owned by the Curran Construction Company, appellant herein. The property...

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