Workman v. McIntyre Construction Co.

DISTRICT JUDGE McCARVEL,

sitting in place of MR. JUSTICE SHEA, delivered the opinion of the Court.

Plaintiff appeals from a judgment after a jury verdict in favor of all three defendants and a denial of his motion for a new trial in the District Court of the Fourth Judicial District, in and for the County of Missoula.

The agreed facts are as follows:

Defendants, McIntyre Construction Company and S. Birch, Incorporated, as joint venturers, were under contract from the State of Montana to widen and resurface approximately ten miles of U.S. Highway 93 starting three or four miles south of Arlee,…