Opinion
No. 8778
Submitted October 16, 1947.
Decided October 30, 1947.
Mr. Leonard A. Schulz, of Dillon, and Mr. H.L. Maury and Mr. A.G. Shone, both of Butte, for relator.
The Hon. Lyman H. Bennett, pro se.
The facts and questions of law involved in this case are similar to those considered in State ex rel. Coleman v. District Court, Mont., 186 P.2d 91, and arose out of the same accident there involved.
On the authority of that case the writ of mandate sought herein is hereby ordered to issue.
MR. CHIEF JUSTICE ADAIR, and ASSOCIATE JUSTICES GIBSON, ANGSTMAN, and METCALF concur.
Rehearing denied November 22, 1947.