Nagle v. City of Billings

This cause was heretofore before this court in Nagle v. City of Billings, 77 Mont. 205, 250 Pac. 445, on an appeal from a judgment in favor of the plaintiff. On that appeal the judgment was reversed and the cause remanded for a new trial.

The complaint alleges, in substance, that on the fifth day of April, 1924, the plaintiff was walking in an easterly direction along the north side of First Avenue North, in the city of Billings, and as she was about to cross Thirty-second Street North, and was in the act of stepping from the sidewalk on to a grate covering over the gutter along the west side…