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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Calder v. Anderson, 911 P.2d 1157 (1996)

Citation
Calder v. Anderson, 911 P.2d 1157 (1996)
Parent Document
Calder v. Anderson, 911 P.2d 1157 (1996)
Jurisdiction
Montana (state)
Effective Date
1996-02-26

Other Sections in This Document (335)

Full Text

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The majority also cites as support for its opinion the case of Morningstar v. Strich (Mich. 1950), 40 N.W.2d 719. This case, decided over forty-six years ago in Michigan, is cited by the majority as the holding of the Supreme Court of Michigan that violation of a “similar” statute established negligence per se. However, that case involved a Michigan statute under the State Housing Law of Michigan that provided, “every dwelling and all the parts thereof including plumbing, heating, ventilating and electrical wiring shall be kept in good repair by the owner.” Morningstar, 40 N.W.2d at 721. A statute not similar by any comparison to § 70-24-303(l)(c), MCA.