MARTELLO v. DARLOW

No. 11347.

441 P.2d 175 (1968)

Rosemarie M. MARTELLO, Plaintiff and Respondent, v. William DARLOW and Mitchell A. LOVELY, Jr., Defendants and Appellants.

Supreme Court of Montana.

May 24, 1968.


Attorney(s) appearing for the Case

Hughes & Bennett, Helena, George Bennett (argued), Helena, Luxan & Murfitt, Helena, Walter Murfitt (argued), Helena, for appellants.

Small & Cummins, Carl A. Hatch, Helena, Robert Cummins (argued), Helena, for respondent.


HASWELL, Justice.

This is an appeal by defendants from an order of the District Court of Lewis and Clark County granting a new trial to plaintiff. The new trial was granted on the basis of the court's refusal to grant plaintiff's request for a poll of the jury after rendition of the verdict.

The trial involved a negligence action wherein plaintiff, who was mounted on a horse, sued the owner and another who mounted the horse for injuries and damages claimed...

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