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DAVIS v. SMITH

No. 11490.

448 P.2d 133 (1968)

Donald DAVIS, Plaintiff and Respondent, v. Louise R. SMITH, Administratrix of the Estate of Howard Jackson, Defendant and Appellant.

Supreme Court of Montana.

Submitted October 15, 1968.

Attorney(s) appearing for the Case

Corette, Smith, Dean & Wellcome, Page Wellcome (argued), Robert Corette, Jr. (argued), Butte, for defendant and appellant.

C.W. Leaphart, Jr. (argued), Helena, for plaintiff and respondent.

CASTLES, Justice.

This is an appeal from an order granting plaintiff a new trial following a jury verdict in plaintiff's favor in the amount of $4,000. Plaintiff brought the action for the wrongful death of his son who was killed in a "one car" accident in which the driver, one Howard Jackson, was also killed. Plaintiff's son was a 15 year old sophomore in high school. The driver was a 20 year old. The estate of Howard Jackson, the defendant here, admitted liability...

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