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HARRY v. ELDERKIN

No. 81-118.

637 P.2d 809 (1981)

Marjorie HARRY, Plaintiff and Respondent and Cross-Appellant, v. Bill ELDERKIN and Sandy Elderkin, Defendants and Appellants and Cross-respondents.

Supreme Court of Montana.

Decided December 1, 1981.

Rehearing Denied December 23, 1981.

Attorney(s) appearing for the Case

Warden, Christiansen, Johnson & Berg, Stephen C. Berg argued, Kalispell, for defendants and appellants and cross-respondents.

Hash, Jellison, O'Brien & Bartlett, James C. Bartlett argued, Kalispell, for plaintiff and respondent and cross-appellant.

HASWELL, Chief Justice.

This is an appeal from an order of the District Court for the Eleventh Judicial District, Flathead County, granting a new trial to the plaintiff in a personal injury action. The plaintiff cross-appeals from the contributory negligence instructions.

The plaintiff, Marjorie Harry, is the mother of defendant Sandy Elderkin, who was the wife of defendant Bill Elderkin. During June, 1976, Mrs. Harry...

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