Olson v. Kayser
505 P.2D 394, 161 MONT. 241, 1973.MT.0000019
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Publisher Description
This is an appeal from the district court of the fifth judicial district, county of Madison. Plaintiff, Beverly J. Olson (hereinafter called plaintiff) brought suit against defendants James Kayser (hereinafter called Kayser) the property owner, and Shaefer Plumbing and Heating (hereinafter called Shaefer) the contractor. Plaintiff alleged she was injured in a fall on August - Page 243 29, 1969, occasioned by stepping into a hole which appeared on Kaysers property as the result of either negligent excavation, construction or maintenance of a ditch, or the negligent backfilling and compaction of the soil in the ditch, which allowed the hole to appear as soil settled in the ditch.