Bernhard v. Lincoln County

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

This is an appeal from a verdict and judgment for the defendant in an action to recover damages arising out of an automobile accident.

The accident occurred at approximately 7:45 a. m., December 5, 1963, about one mile north of Eureka, Montana. The plaintiff-appellant was traveling north out of Eureka. He overtook and hit from behind a road grader owned by Lincoln County, Montana, which was traveling in the same direction.

The highway, at the scene of the accident, was straight and dry. The grader was well within its own lane…