Maynard v. City of Helena

(sitting in place of Justice ADAIR, disqualified), delivered tbe opinion of tbe court.

This is an action brought by tbe plaintiff and respondent, Marie Maynard, as administratrix of tbe estate of James M. Lewis, deceased, to recover damages for tbe death of said decedent, against tbe defendant and appellant, City of Helena. Tbe issues herein are fairly stated by tbe defendant and appellant in its statement of tbe case as follows:

“Plaintiff brought this action to recover damages for tbe death of James M. Lewis who died at tbe age of twelve years. The complaint alleges that be met bis death…