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McPHERSON v. SCHLEMMER

No. 87-115.

749 P.2d 51 (1988)

Grant R. McPHERSON, Plaintiff and Appellant, v. Stanley SCHLEMMER and Lynda Schlemmer, Defendants and Respondents.

Supreme Court of Montana.

Decided January 8, 1988.

Rehearing Denied February 18, 1988.

Attorney(s) appearing for the Case

Douglas J. Wold and Martin R. Studer, argued, McCurdy, Wold, Peterson & Fischer, Polson, for plaintiff and appellant.

Charles E. McNeil and Gary L. Graham, argued, Garlington, Lohn & Robinson, Missoula, for defendants and respondents.

Gene Todd, pro se for Montana Embryo Transplant Center, amicus curiae.

Gerald Kitto, pro se, for Gallatin Embryonics, Belgrade, amicus curiae.

Holland & Hart, Billings, for American Salers Assoc., amicus curiae.

WEBER, Justice.

Two of Mr. McPherson's Salers breeder cows were killed when they wandered onto a highway from their pasture on the Schlemmers' property. Mr. McPherson prevailed in this negligence action against the Schlemmers after a jury trial in the Twentieth Judicial District, Lake County. He appeals two of the District Court's rulings on damages. We reverse in part, affirm in part, and remand.

The issues are:

1. Did the District Court err by denying...

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