Davis v. Bainter

This is an appeal from a judgment entered in the district court, Sweet Grass County, on a jury verdict, against plaintiffs James and Lucy Davis and in favor of defendant Charles R. Bainter. Plaintiffs also appeal from an order of the district court denying their motion for a new trial.

The action arose out of an automobile accident involving Bainter’s cattle truck, and an automobile owned by Mr. and Mrs. Yernie Hathaway, in which Lucy Davis was a passenger. As a result of the accident, Hathaways were killed instantly and Lucy Davis received severe injuries. The automobile itself was totaled.…