Herbst v. Miller

This is an appeal from the District Court of the Eighteenth Judicial District, Gallatin County. The plaintiff, Shirley Herbst, initiated a negligence action after sustaining injuries from a fall down the stairway of a building owned by the defendant, Bessie Miller. A jury found for defendant and judgment was entered. We reverse and remand.

The sole issue for review is whether the District Court erred in refusing to instruct the jury that Bessie Miller was “negligent per se” for allegedly violating building and maintenance requirements mandated by the Town of Belgrade.

Bessie Miller (Miller)…