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MARTEL v. MONTANA POWER CO.

No. 85-251.

752 P.2d 140 (1988)

Terry Hawthorne MARTEL, Plaintiff and Appellant, v. MONTANA POWER COMPANY, Defendant and Respondent.

Supreme Court of Montana.

Decided March 10, 1988.

Rehearing Denied April 5, 1988.

Attorney(s) appearing for the Case

R. Keith Strong (argued), Church, Harris, Johnson & Williams, Great Falls, for plaintiff and appellant.

Lon T. Holden (argued), and Curtis G. Thompson (argued), Great Falls, for defendant and respondent.

Eric Thueson, Helena, for amicus curiae, Rowan Ogden.

HUNT, Justice.

Plaintiff Martel appeals the jury's special verdict finding the defendant Montana Power Company (MPC) 25% negligent; himself 75% negligent; and setting his damages at $290,000. He also appeals the order denying his motion for a new trial.

We affirm in part, reverse in part and remand with instructions.

The following issues were raised on appeal:

1. Did the trial court err when it declined to instruct the jury that contributory...

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