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BROWN v. NORTH AM. MFG. CO.

No. 13706.

576 P.2d 711 (1978)

Deane BROWN, Plaintiff and Respondent, v. NORTH AMERICAN MANUFACTURING COMPANY, Defendant and Appellant.

Supreme Court of Montana.

Decided February 9, 1978.

Rehearing Denied March 2, 1978.

Attorney(s) appearing for the Case

Murphy, Robinson, Heckathorn & Phillips, I. James Heckathorn (argued), Kalispell, for defendant and appellant.

Morrison, Hedman and Trieweiler, Frank B. Morrison, Jr. (argued), Whitefish, McGarvey, Lence & Heberling, Kalispell, for plaintiff and respondent.

HARRISON, Justice.

Plaintiff Deane Brown lost his left leg in the auger of a self-unloading feed wagon known as a "Grain-O-Vator", manufactured by defendant North American Manufacturing Co., an Iowa corporation. In his original complaint, plaintiff specified negligence and strict liability in tort as theories supporting a damage recovery.

The trial of the cause ultimately proceeded on the strict liability theory alone. Discovery consisted of depositions of...

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