KINGWELL v. HART

No. 32791.

45 Wn.2d 401 (1954)

275 P.2d 431

FRED H. KINGWELL et al., Appellants, v. LLOYD HART et al., Respondents.

The Supreme Court of Washington, Department One.

October 15, 1954.


Attorney(s) appearing for the Case

John T. McCutcheon, De Witt C. Rowland, and Ray Graves, for appellants.

Eisenhower, Hunter, Ramsdell & Duncan, for respondents.


OLSON, J.

The question for our decision is whether or not plaintiff Ella Kingwell "voluntarily assumed" the risk of injury, suffered when the car in which she was a passenger left the highway, after its driver, defendant Lloyd Hart, fell asleep.

After a trial without a jury, the court answered this question in the affirmative, and entered judgment dismissing the action. Plaintiffs have appealed.

The court found the following facts: Plaintiff Ella Kingwell...

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