Whitney v. Northwest Greyhound Lines, Inc.

MR. CHIEF JUSTICE ADAIR:

(dissenting).

Claiming to have sustained injuries in the overturning of defendant’s bus, in which, as a passenger, she was being carried from Seattle, Washington, to Butte, Montana, the plaintiff *539Phyllis Whitney brought this action in the district court of Silver Bow county, Montana, to recover $85,000 as damages.

Except for admitting that the bus was under the exclusive control, operation and management of defendant and pleading unavoidable accident due to the sideswiping of the bus by a wobbly, weaving trailer pulled by a truck, the answer is a general denial.

“The…