YAGER v. DEANE

No. 92-283.

853 P.2d 1214 (1993)

Elroy C. YAGER and Barbara A. Yager, Plaintiffs and Appellants, v. Rolland DEANE, a/k/a Roland E. Deane, Jr., Defendant and Appellant, and The State of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided May 27, 1993.

Rehearing Denied July 16, 1993.


Attorney(s) appearing for the Case

J. David Penwell, Bozeman, and John L. Weyland, Wayzata, Minnesota (for appellants, Yagers), for Plaintiffs and Appellants.

James M. Kommers and Daniel J. Roth, James M. Kommers and Associates, Bozeman (for appellant Deane.

Allen B. Chronister, Chronister, Driscoll & Moreen, Helena; Kelly O'Sullivan, Agency Legal Services Bureau, Helena, for Defendant and Respondent.


GRAY, Justice.

Plaintiffs Elroy and Barbara Yager and defendant Rolland Deane appeal from an order of the Eighteenth Judicial District Court, Gallatin County, granting summary judgment in favor of the State of Montana. We affirm.

The sole issue on appeal is whether the District Court erred in granting summary judgment on the basis that the State of Montana had no duty to prevent livestock from wandering onto the interstate highway.

The pertinent facts...

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