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ROBERTS v. BURLINGTON NORTHERN R. COMPANY, INC.

No. 13352.

556 P.2d 1243 (1976)

Eliza Waverly ROBERTS, Individually and as Administrator of the Estate of Stephen Paul Roberts, Deceased and Doris Roberts, Plaintiffs and Appellants, v. BURLINGTON NORTHERN RAILROAD COMPANY, INC., Defendant and Respondent.

Supreme Court of Montana.

Decided November 30, 1976.

Attorney(s) appearing for the Case

Anderson, Symmes, Forbes, Peete & Brown, Billings, Rockwood Brown argued, Billings, for plaintiffs and appellants.

Crowley, Haughey, Hanson, Gallagher & Toole, Billings, Jack S. Ramirez argued, Billings, for defendant and respondent.

JACK L. GREEN, District Judge.*

This is a wrongful death and survival action filed by the parents and personal representative to recover damages arising from the death of Stephen Paul Roberts, age 16. The district court, Yellowstone County, granted summary judgment on defendant's motion.

The accident occurred on March 20, 1972 at approximately 7:40 p.m. at a point within the city limits of Laurel, Montana, where a spur track of...

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