Wheeler v. City of Bozeman

Plaintiffs Leslie G. Wheeler and Wilda I. Wheeler, husband and wife, appeal the order of the District Court of the Eighteenth Judicial District, Gallatin County, denying plaintiffs’ motion for a new trial. We affirm.

The issues raised on appeal are:

1. Whether the District Court erred by refusing to grant plaintiffs’ proposed instruction No. 15, instructing the jury that a municipality has a duty to keep its sewers in repair?

2. Whether the District Court erred by refusing to grant a new trial on the basis that no substantial evidence existed to support the verdict?

Leslie and Wilda Wheeler…