Montana Supreme Court December 19, 1908, No. 2,573 (Fearon v. Mullins)

MR. GHIEF JUSTICE BRANTLY

delivered the opinion of the court.

Action for damages for a personal injury. On a former appeal in this case the court reversed a judgment in favor of plaintiff and an order denying defendant’s motion for a new trial, because of the want of substantial allegations in the complaint and for error in one of the instructions. (35 Mont. 232, 88 Pae. 794.