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SMITH v. WIPRUD

No. 11726.

463 P.2d 317 (1969)

Duane F. SMITH and Duane F. Smith and Ralpha Smith, as Representatives and Successors in Interest of Scott Smith, a deceased Minor Child, Plaintiffs and Appellants, v. Dr. R.M. WIPRUD, Defendant and Respondent.

Supreme Court of Montana.

Decided December 29, 1969.

As Modified on Denial of Rehearing January 13, 1970.

Attorney(s) appearing for the Case

Graybill, Graybill & Ostrem, Donald L. Ostrem, argued, Great Falls, for plaintiffs and appellants.

Anderson, Symmes, Forbes, Peete & Brown, Weymouth D. Symmes, Billings, argued, for defendant and respondent.

CASTLES, Justice.

Appeal from an order dismissing count two of a complaint as being barred by the statute of limitations. Plaintiffs brought the action to recover damages for the alleged wrongful death of Scott Smith, a minor. Count one of the complaint alleged an action under the survival statute, section 93-2824, R.C.M. 1947. Count one alleged in substance: that defendant is a licensed physician; that the deceased minor child was injured when thrown from a horse...

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