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EHNI v. NORTHERN PACIFIC RAILWAY COMPANY

No. 11452.

450 P.2d 882 (1969)

Darlene EHNI as Administratrix of the Estate of Richard D. Ehni, Deceased, Plaintiff and Appellant, v. NORTHERN PACIFIC RAILWAY COMPANY, A Wisconsin Corp., Defendant and Third-Party Plaintiff and Respondent, v. MISSOULA WHITE PINE AND SASH COMPANY, Third-Party Defendant.

Supreme Court of Montana.

Decided February 24, 1969.

Rehearing Denied March 12, 1969.

Attorney(s) appearing for the Case

Loble, Picotte, Loble, Gene A. Picotte, argued, Helena, for appellant.

Boone & Karlberg, Karl Karlberg, argued, Missoula, for respondent.

HASWELL, Justice.

This is an appeal by plaintiff from a judgment for defendant in a wrongful death action arising out of an accident at a railroad crossing located on private property. The case was tried by jury in the district court of Missoula County.

The accident in question occurred about 1 a.m. on July 3, 1965, at a private railroad crossing in the lumber yard of the White Pine and Sash Company in Missoula. Richard D. Ehni, an employee of the lumber company...

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