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PENN v. BURLINGTON NORTHERN, INC.

No. 14718.

605 P.2d 600 (1980)

William O. Penn, Plaintiff and Appellant, v. BURLINGTON NORTHERN, INC., a corporation, and The State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided January 23, 1980.

Attorney(s) appearing for the Case

R. Allen Beck (argued), Billings, for plaintiff and appellant.

Kurt W. Kroschel (argued), Billings, P. Keith Keller (argued), Helena, for defendants and respondents.

HARRISON, Justice.

Appellant Penn brought a cause in the District Court, Sixteenth Judicial District, Rosebud County, to recover damages for injuries suffered in an automobile-train accident. Penn appeals from a jury verdict in favor of respondents, Burlington Northern, Inc. and the State of Montana.

We note that this cause arose before the Montana comparative negligence statute, section 27-1-702, MCA, took effect. Consequently, any contributory negligence...

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