KIRBY v. KELLY

No. 12235.

504 P.2d 683 (1972)

Mona KIRBY, by Guardian ad litem, Gwan Kirby and Gwan Kirby, Plaintiffs and Appellants, v. Melinda P. KELLY and Leonard M. Kelly, Defendants and Respondents.

Supreme Court of Montana.

Decided December 19, 1972.

Rehearing Denied January 9, 1973.


Attorney(s) appearing for the Case

Arthur P. Acher appeared, and Robert F. Swanberg argued, Helena, for plaintiffs and appellants.

Robert L. Johnson argued, Lewistown, for defendant and respondent.


DALY, Justice.

This is a personal injury and property damage action by plaintiffs, tried to a jury in the district court of the first judicial district, county of Lewis and Clark. After a verdict for defendants and denial of a motion for a new trial, plaintiffs appeal from the final judgment.

On the morning of October 15, 1969, on Interstate Highway #15, an accident occurred about seven miles north of Helena. All parties involved in the accident were traveling...

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