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KALANICK v. BURLINGTON NORTHERN R. CO.

No. 89-350.

788 P.2d 901 (1990)

Richard KALANICK, Plaintiff and Respondent, v. BURLINGTON NORTHERN RAILROAD COMPANY, A Delaware corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided March 9, 1990.

Rehearing Denied March 29, 1990.

Attorney(s) appearing for the Case

Curtis G. Thompson, Jardine Law Firm, Great Falls, for defendant and appellant.

Erik B. Thueson, Thueson Law Firm, Helena, for plaintiff and respondent.

SHEEHY, Justice.

Burlington Northern Railroad Co. appeals from a judgment entered in the District Court, Eighth Judicial District, Cascade County, awarding Richard Kalanick $431,450. We affirm the District Court.

The issues raised by Burlington Northern (B.N.) are:

1. Did the District Court err in striking the defense of contributory negligence and instructing the jury that Kalanick was not negligent as a matter of law?

2. Did the trial court...

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