KINCHELOE v. RYGG

No. 11120.

448 P.2d 140 (1968)

Phillip L. KINCHELOE, Guardian ad litem of Sherry R. Kincheloe, a minor, Plaintiff and Respondent, v. William L. RYGG, d/b/a R & B Drive-In, Defendant and Appellant.

Supreme Court of Montana.

Submitted November 18, 1968.


Attorney(s) appearing for the Case

David L. Jackson (argued), Helena, for defendant and appellant.

Lloyd Skedd (argued), Helena, for plaintiff and respondent.


HASWELL, Justice.

This case involves an action for personal injuries by a patron against the owner of a drive-in restaurant arising out of an assault upon her while sitting in a car in the parking area. Following a jury verdict for defendant in the district court of Lewis and Clark County, the trial court granted a new trial on its own motion.

The principal question on this appeal is whether the trial court abused its discretion in granting a new trial upon...

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