Baumgartner v. National Cash Register Co.

This is an appeal from a judgment in the amount of $55,000 entered upon a jury verdict.

Plaintiff was severely injured on March 16, 1962, while working as a clerk at a check-out stand in a Safeway Store in Bozeman. The cause of the injury was an electric shock received while operating a cash register. The complaint alleged that the electric shock was the result of negligence on the part of the defendant in installing and maintaining the cash register.

The answer consisted of denials, and affirmatively plead negligence of the plaintiff and also assumption of risk.

Pre-trial proceedings were had,…