MAGNUSON v. BILLMAYER

No. 79-95.

616 P.2d 368 (1980)

Harold R. MAGNUSON and Ronald Magnuson, Relators and Respondents, v. James R. BILLMAYER, Defendant and Appellant.

Supreme Court of Montana.

Decided September 8, 1980.


Attorney(s) appearing for the Case

Morrison, Ettien & Barron, Robert D. Morrison argued, Havre, for defendant and appellant.

Altman & Lilletvedt, J. Brian Lilletvedt argued, Havre, for relators and respondents.


SHEA, Justice.

Defendant James R. Billmayer, appeals from a judgment entered upon a jury verdict in the Blaine County District Court awarding general damages and punitive damages against him as the result of an assault.

Billmayer has two essential claims: first, that the evidence does not support an award of exemplary damages; and second, that the trial court erred in not submitting his proposed instructions to the jury with relation to the use of justifiable...

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