State v. District Court of the Thirteenth Judicial District

This is an original proceeding seeking a writ of supervisory control to set aside an order of the district court denying a motion to strike an affirmative defense.

Relator here, plaintiff in the court below, filed suit against the Montana Power Company alleging active negligence by the power company in the operation and maintenance of a private railway and tramway, between its Mystic Lake Dam and the power plant below. The power company’s answer asserted certain affirmative defenses, among which are the provisions of sections 67-808 and 67-809, R.C.M.1947, as follows:

“67-808. Restriction on…