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WILHELM v. CITY OF GREAT FALLS

No. 83-477.

685 P.2d 350 (1984)

Paul and Bernice M. WILHELM, husband and wife, Plaintiffs and Respondents, v. CITY OF GREAT FALLS, State of Montana, et al., Defendants and Appellants.

Supreme Court of Montana.

Decided August 6, 1984.

Attorney(s) appearing for the Case

James, Gray & McCafferty, Dennis McCafferty argued, Great Falls, for defendants and appellants.

Cannon & Sheehy, Edmond Sheehy argued, Helena, for plaintiffs and respondents.

HARRISON, Justice.

This case arises as an appeal from an order of the Eighth Judicial District Court, Cascade County, granting respondents' motion for a new trial following a jury verdict in a nuisance action. The jury returned a verdict finding respondents ninety percent comparatively negligent for damages and appellants ten percent negligent. The court determined that insufficient evidence existed to support the jury's verdict and that it was contrary to law. We...

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