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DIERUF v. GOLLAHER

No. 11778.

481 P.2d 322 (1971)

Jahn E. DIERUF, Plaintiff and Appellant, v. Myrle A. GOLLAHER, Defendant and Respondent.

Supreme Court of Montana.

Decided February 23, 1971.

Attorney(s) appearing for the Case

John Iwen (argued), Robert Tucker, Great Falls, for plaintiff-appellant.

Jardine, Stephenson, Blewett and Weaver, Leonard Morris Ormseth, Jr. (argued), Great Falls, for defendant-respondent.

JOHN C. HARRISON, Justice.

This appeal is from the trial court's denial of plaintiff's motion for a new trial in an action in the district court of the eighth judicial district, wherein a jury verdict and resulting judgment was in favor of the defendant.

The fact situation is unique. The drivers of both vehicles involved in a head-on collision admitted having rather freely imbibed before the accident. The jury was...

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