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PAGE v. SPOKANE CITY LINES, INC.

No. 34230.

51 Wn.2d 308 (1957)

317 P.2d 1076

IRA W. PAGE, Appellant, v. SPOKANE CITY LINES, INC., Respondent.

The Supreme Court of Washington, Department One.

November 21, 1957.

Attorney(s) appearing for the Case

Caruso & Spinelli and Cashatt & Williams, for appellant.

Paine, Lowe, Coffin & Herman, for respondent.

HILL, C.J.

QUAERE: In an action by a passenger against a carrier, does the omission of the bracketed words in the following instruction make it erroneous?

"... if you are unable to determine from the evidence in the case [and the reasonable inferences therefrom] whose negligence, if any, was the proximate cause of the accident, then your verdict must be for the defendant."

ANSWER: No.

[1]

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