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TOWNSEND v. STATE

No. 86-446.

738 P.2d 1274 (1987)

Mark TOWNSEND, Individually as Guardian of Wayne Townsend, a minor, Plaintiffs and Respondents, v. STATE of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided June 17, 1987.

Attorney(s) appearing for the Case

Poore, Roth & Robinson, J. Richard Orizotti, Butte, for defendant and appellant.

Michael McKeon, Anaconda, for plaintiffs and respondents.

McDONOUGH, Justice.

The State of Montana appeals the May 28, 1986, order of the District Court of the Second Judicial District granting plaintiff, Mark Townsend's motion for a new trial. We reverse.

On June 4, 1983, nine-and-a-half year old Wayne Townsend was injured when his bicycle hit a pothole on Saddle Rock Road. Saddle Rock Road is a 1.9 mile long blacktop road, owned and maintained by the State of Montana. The road is located in the Butte Section of...

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