DAVIS v. BAINTER

No. 12834.

535 P.2d 1009 (1975)

James DAVIS and Lucy Davis, Plaintiffs and Appellants, v. Charles R. BAINTER, Defendant and Respondent.

Supreme Court of Montana.

Decided May 28, 1975.


Attorney(s) appearing for the Case

Corette, Smith & Dean, Butte, Dolphy O. Pohlman argued, Butte, for appellants.

Berg, Angel, Andriolo & Morgan, Bozeman, Charles F. Angel argued, Bozeman, for respondent.


DALY, Justice.

This is an appeal from a judgment entered in the district court, Sweet Grass County, on a jury verdict, against plaintiffs James and Lucy Davis and in favor of defendant Charles R. Bainter. Plaintiffs also appeal from an order of the district court denying their motion for a new trial.

The action arose out of an automobile accident involving Bainter's cattle truck, and an automobile owned by Mr. and Mrs. Vernie Hathaway, in which Lucy Davis...

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