Boettger v. Employers Liability Assurance Corp.

ME. CHIEF JUSTICE JAMES T. HAEEISON,

delivered the Opinion of the Court.

This is an appeal from a summary judgment entered in the district court of Hill County.

Complaint in this cause was filed in the district court of Hill County on December 31, 1970, by the administratrix of the estate of Clarence Stensrude, Jr., deceased, naming as defendants the Employers Liability Assurance Corp., Ltd., the city of Havre and its mayor and councilmen, Charles Zartman, its chief of police, and Dave Moore and Vernie Ellis, who were policemen in the city of Havre.

It is alleged in the complaint that plaintiff…