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MODRELL v. STATE

No. 13808.

587 P.2d 405 (1978)

William C. MODRELL, Plaintiff and Appellant, v. The STATE of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided December 4, 1978.

Rehearing Denied December 20, 1978.

Attorney(s) appearing for the Case

Robert T. Cummins argued, Helena, Jackson & Kelley, Helena, Gregory A. Jackson argued, Helena, Sam L. Levinson, Seattle, Wash., for plaintiff and appellant.

Keller, Reynolds & Drake, Helena, P. Keith Keller argued, Helena, for defendant and respondent.

HARRISON, Justice.

Plaintiff appeals from a jury verdict and judgment for defendant (the State of Montana) in a personal injury action tried in Lewis and Clark County District Court. The salient facts follow.

Plaintiff is a resident of Seattle, Washington. In October, 1973, he came to Montana to hunt with a friend, McCandless, who lived in Big Fork, Montana. The two men, accompanied by McCandless' 11 year old son, traveled in McCandless' pickup from Kalispell...

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