Montana Supreme Court December 3, 1968, 11120 (Kincheloe v. Rygg)

*188

MR. JUSTICE HAS WELL

delivered the Opinion of the Court.

This case involves an action for personal injuries by a patron against the owner of a drive-in restaurant arising out of an assault upon her while sitting in a car in the parking area. Following a jury verdict for defendant in the district court of Lewis and Clark County, the trial court granted a new trial on its own motion.