Callahan v. Burton

This is an appeal by Carolyn and James Callahan, husband and wife, from a judgment entered on the district court’s order dismissing their case against the defendant, F. Hanly Burton, which was made following the plaintiffs’ case in chief and from the order of the court denying plaintiffs’ motion for a new trial.

Plaintiff, Carolyn Callahan, failed to pass the visual acuity portion of the state driver’s license test in April 1969. She had passed the same test two years earlier in April 1967. She then went successively to Doctors Harvey Casebeer of Butte, and Everett Lensink of Bozeman, who…