Heen v. Tiddy

MR. JUSTICE JOHN C. HARRISON

delivered Opinion of the Court.

This is an appeal from an order granting a new trial to the plaintiff, such trial to be limited to the issue of damages only. The order was entered in the district court at Helena, Lewis and Clark County, Montana, the Honorable Victor H. Fall presiding, sitting with a jury.

On the 9th of October, 1965, a group of boys from Helena were camping out in an area known as Lump Gulch, south of Helena; both of the parties in this action were supervising this camp-out. Defendant left the campsite in the evening and went to Helena to attend a…