Swartzenberger v. Billings Labor Temple Ass'n

Plaintiff, Mary F. Swartzenberger, appeals from the summary judgment of the District Court, Yellowstone County, granted in favor of defendants, Billings Labor Temple Association and Mark Franklin Dailey, d/b/a The Silver Dollar Bar.

Joseph F. Swartzenberger (decedent) was a steelworker in Billings, Montana. On October 30, 1974, decedent reported to work at 7:30 a.m., but left for the day at 8:00 a.m. because rain made work at the construction site impossible. Later that morning he went to the Labor Temple Bar and began what was to be his last over indulgence in alcohol. At noon, he went to The…