STATE, BY & THROUGH DEPT. OF HYS. v. Helehan

615 P.2d 925 (1980)

The STATE of Montana, acting By and Through the DEPARTMENT OF HIGHWAYS of the State of Montana, Plaintiff and Appellant,

v.

Thomas HELEHAN, Defendant and Respondent.

No. 80-60.

Supreme Court of Montana.

Submitted on Briefs May 27, 1980.

Decided August 27, 1980.

Daniel J. Sullivan, Highway Legal Department, Helena, for plaintiff and appellant.

Daniels & Mizner, Deer Lodge, for defendant and respondent.

SHEEHY, Justice.

The State, through its Department of Highways, appeals from a judgment of the Second Judicial District Court, Silver Bow County, awarding expenses of litigation in an…