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JANKOVICH v. NEILL

No. 11620.

457 P.2d 475 (1969)

Milka JANKOVICH, Plaintiff and Respondent, v. William NEILL, Defendant and Appellant.

Supreme Court of Montana.

Decided July 15, 1969.

Attorney(s) appearing for the Case

Anderson, Symmes, Forbes, Peete & Brown, Weymouth D. Symmes and Sam Haddon, argued, Billings, for appellant.

Colgrove & Brown, Roland V. Colgrove, argued, Miles City, Hughes & Bennett, Michael J. Hughes, argued, Helena, for respondent.

BONNER, Justice.

This is an appeal by the defendant, William Neill, in a personal injury action from an order of the district court of Rosebud County, Hon. Alfred B. Coate, district judge, presiding. The order granted plaintiff, Milka Jankovich, a new trial, after the jury returned a verdict for the defendant, on the ground that the giving of an instruction on assumption of risk was an error in law.

The action arose from a car-pedestrian collision in Billings...

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