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FRENCH v. ABERCROMBIE

No. 11714.

480 P.2d 187 (1971)

Enos FRENCH and the Home Indemnity Company, a corporation, Plaintiffs and Appellants, v. Ray ABERCROMBIE, d/b/a Abercrombie Construction Company, and Jerry Abercrombie, Defendants and Respondents.

Supreme Court of Montana.

Decided February 2, 1971.

Attorney(s) appearing for the Case

Bjella & Jestrab, Frank Jestrab (argued), John R. Gordon, Williston, N. D., Kelly & Carr, Miles City, Jardine, Stephenson, Blewett & Weaver, Great Falls, for plaintiffs-appellants.

Poore, McKenzie, Roth & Robischon, Robert A. Poore (argued), Butte, Aronow & Anderson, Shelby, for defendants and respondents.

CASTLES, Justice.

The plaintiff, Enos G. French, brought this action in the district court to recover damages suffered through the alleged negligence of the defendants in constructing a trench. Jury trial was had in Cut Bank, Montana, before the late Hon. Philip C. Duncan, judge of the fifth judicial district, presiding. The jury returned a verdict for the defendants. Thereafter, plaintiffs moved for a judgment notwithstanding the verdict or for a new trial upon the...

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