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SMITH v. BABCOCK

No. 11818.

482 P.2d 1014 (1971)

Everett E. SMITH, Plaintiff and Appellant, v. Edward E. BABCOCK, Defendant and Respondent.

Supreme Court of Montana.

March 19, 1971.

Attorney(s) appearing for the Case

Harrison, Loendorf & Poston, Helena, John P. Poston (argued), Helena, for appellant.

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

JOHN C. HARRISON, Justice.

This appeal is from a jury verdict in the first judicial district, county of Lewis and Clark, denying recovery to the plaintiff on his complaint and to the defendant on his counterclaim. Plaintiff appeals from a judgment on the jury verdict and the trial court's subsequent denial of a new trial.

The action involves a collision of two automobiles, one owned by the plaintiff Everett E. Smith, hereinafter referred to as "Smith", the...

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