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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

613 chars
Viewing the testimony in the light most favorable to plaintiff, the failure of Henry C. Strich, through his agent to take the necessary remedial steps to maintain the heating system in good repair was the proximate cause of the accident, and the motions *286were properly denied. There is no question that Henry G. Strich had notice of trouble with the valves and that he came to the house with a plumber. The defective condition of the valve in question, if it was on the radiator, should have been apparent upon the examination of it that either was made or should have been made. Morningstar, 40 N.W.2d at 721.