ROBINSON, J.
This appeal has been taken by the department of labor and industries from a judgment of the superior court of King county, rendered in favor of respondent, George L. Diesso, after a trial to a jury. The only assignments of error which we find it necessary to consider relate to three instructions given by the court, which we will quote in part. The facts of the case sufficiently appear therein.
"INSTRUCTION No. 1. THE COURT: Members of the jury...
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