LA LONE v. SMITH

No. 31693.

39 Wn.2d 167 (1951)

234 P.2d 893

CHAUNCEY LA LONE, Respondent, v. FRANK SMITH et al., Appellants.

The Supreme Court of Washington, Department One.

August 16, 1951.


Attorney(s) appearing for the Case

Edge, Davenport & Edge, Grant L. Kimer, Jack R. Dean, and Seaton M. Daly, for appellants.

Dressel & Lehan and Del Cary Smith, for respondent.


DONWORTH, J.

This is an action to recover damages for personal injuries received when plaintiff was assaulted by an employee of defendants. The employee was named in the complaint as a party defendant but was never served with process, and, upon plaintiff's motion, the court at the beginning of the trial dismissed him from the action.

After the close of the testimony, the court took the case under advisement and later...

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