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McCOLLUM v. O'NEILL

No. 9239.

281 P.2d 493 (1954)

Felix McCOLLUM and Emma McCollum, d/b/a McCollum's Shop, Plaintiffs and Respondents, v. John E. O'NEILL, et al., Co-partners, d/b/a O'Neill-Anderson Company; and the Eskestrand Brothers Construction Co., et al., Defendants and Appellants.

Supreme Court of Montana.

Decided December 30, 1954.

Amended on Denial of Rehearing March 24, 1955.

Attorney(s) appearing for the Case

Hall, Alexander & Burton, Great Falls, for O'Neill, et al.

Max P. Kuhr, Frederick J. Weber, Havre, for Eskestrand Bros.

Frederick J. Weber, Havre, and H. C. Hall, Great Falls, argued orally for appellants.

James T. Harrison, Malta, Mr. John Marriott Kline, Glasgow, Mr. M.J. Doepker, Butte, for respondents.

John Marriott Kline, Glasgow, and M. J. Doepker, Butte, argued orally for respondents.

ANGSTMA, Justice.

On September 7, 1950, plaintiffs were operating a ladies' ready-to-wear store in the Arcade Building at Malta.

Defendants were at that time building contractors jointly engaged in remodeling the front of the Arcade Building under a contract with the owner, Mrs. Larcombe.

On September 7th steam escaped from the pipes of the Arcade Building, causing damages to plaintiffs' stock in trade.

This action was brought to recover the...

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