French v. Abercrombie

The plaintiff, Enos G. French, brought this action in the district court to recover damages suffered through the alleged negligence of the defendants in constructing a trench. Jury trial was had in Cut Bank, Montana, before the Hon. Philip C. Duncan, judge of the fifth judicial district, presiding. The jury returned a verdict for the defendants. Thereafter, plaintiffs-moved for a judgment notwithstanding the verdict or for a new trial upon the ground that the trial court erred in giving certain instructions concerning the duties owed by defendants-to plaintiff French and for refusing…