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McNAMARA v. HALL

No. 31545.

38 Wn.2d 864 (1951)

233 P.2d 852

VICTOR P. McNAMARA et al., Appellants, v. RUSSELL G. HALL et al., Respondents.

The Supreme Court of Washington, Department One.

July 12, 1951.

Attorney(s) appearing for the Case

Harry Ellsworth Foster and Pebbles & Kuykendall, for appellants.

Frederick J. Orth (of Rode, Cook & Watkins), for respondents.

DONWORTH, J.

This is an appeal from a judgment dismissing plaintiffs' action after the trial court had sustained defendants' demurrer to the second amended complaint without leave to amend. The action was brought to recover damages for personal injuries alleged to have been sustained by plaintiff wife while riding in an elevator located in defendants' home.

The pertinent portions of the second amended complaint are as follows:

"III

"Prior...

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