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MASSMAN v. CITY OF HELENA

No. 88-116.

773 P.2d 1206 (1989)

Hubert J. MASSMAN, d/b/a Horsky Block, Hubert J. Massman, d/b/a Massman Law Firm, Miller Enterprises, Inc., a Montana corporation, and Episcopal Diocese of Montana, a corporation, Plaintiffs and Appellants, v. CITY OF HELENA, a Municipal Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided May 2, 1989.

Rehearing Denied June 20, 1989.

Attorney(s) appearing for the Case

Frank B. Morrison, Jr. (argued), Morrison Law Firm, Helena, for plaintiffs and appellants.

Robert Emmons (argued), Emmons & Coder, Great Falls, for defendant and respondent.

GULBRANDSON, Justice.

Plaintiffs appeal from the jury verdict and subsequent judgment of December 23, 1987, and from the denial of their motion for a new trial by the First Judicial District Court, Lewis and Clark County. The jury found the City of Helena (City) was not negligent in failing to require an operating sprinkler system in the basement of the Spectrum Building prior to the time of the fire in the building. The jury also found that the spread of the fire...

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