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PUTMAN v. POLLEI

No. 11590.

457 P.2d 776 (1969)

Robert PUTMAN, Administrator of the Estate of Nancy Putman, Deceased, Plaintiff and Respondent, v. William POLLEI, Defendant and Appellant.

Supreme Court of Montana.

Decided July 24, 1969.

Rehearing Denied September 2, 1969.

Attorney(s) appearing for the Case

Korn, Warden & Walterskirchen, Merritt N. Warden (argued), Kalispell, for appellant.

Rognlien, Hash & O'Brien, Kenneth E. O'Brien (argued), Murphy, Robinson & Heckathorn, I. James Heckathorn (argued), Kalispell, for respondent.

BONNER, Justice.

In a survivorship action by the administrator of the estate of a decedent killed in an automobile accident, the jury returned a verdict for the administrator in the amount of $445.95. Subsequently the district court of Flathead County, the Honorable Robert C. Sykes, district judge presiding, entered an order and judgment setting aside the verdict, holding defendant liable, and awarding the administrator a new trial limited to the sole issue of damages...

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