Stagmeyer v. Leatham Brothers, Inc.

CROCKETT, Chief Justice:

This suit involves the plaintiff’s complaint and the defendant’s counterclaim for damages caused when the defendant’s large truck-trailer collided with a similar unit of the plaintiff which had been stopped on U. S. Highway 191 about 18 miles north of West Yellowstone, Montana, because of ice and snow conditions on the night of January 25, 1965.

A jury trial resulted in no cattse of action verdicts, both on plaintiff’s complaint and defendant’s counterclaim. Plaintiff appeals, seeking to reverse the judgment and obtain a new trial on the ground that the court erred in…