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CALLIHAN v. BURLINGTON NORTHERN INC.

No. 82-182.

654 P.2d 972 (1982)

Robert W. CALLIHAN, Plaintiff and Respondent, v. BURLINGTON NORTHERN INC., Defendant and Appellant.

Supreme Court of Montana.

Decided December 6, 1982.

Rehearing Denied December 29, 1982.

Attorney(s) appearing for the Case

K. Kent Koolen, Billings, Corette, Smith, Pohlman & Allen, Butte, for defendant and appellant.

John C. Hoyt, Great Falls, for plaintiff and respondent.

MORRISON, Justice.

Burlington Northern appeals a judgment in the amount of $1,031,029.00 awarded plaintiff, Robert W. Callihan, for personal injuries suffered in an accident March 25, 1978. A motion for new trial was made and denied. This appeal followed.

On March 25, 1978, Callihan was an engineer on a Burlington Northern locomotive. The back of the seat, in which he was sitting, broke, causing him to fall backwards. By the end of the trip, Callihan was suffering...

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