Montana Supreme Court January 11, 1936, No. 7,470. (Koppang v. Sevier)

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MR. JUSTICE STEWART

delivered the opinion of the court.

This is an appeal from a judgment of dismissal entered on motion for a judgment on the pleadings.

The important allegations of the complaint are to the following effect: On July 27, 1934, A. A. Koppang, now deceased, was in the employ of the Montana state highway commission as a flagman on United States highway No.