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LARSON v. STADELMAN FRUIT, INC.

No. 34747.

53 Wn.2d 135 (1958)

332 P.2d 52

BERT C. LARSON et al., Appellants, v. STADELMAN FRUIT, INC. et al., Respondents.

The Supreme Court of Washington, Department One.

November 20, 1958.

Attorney(s) appearing for the Case

Felthous & Brachtenbach, for appellants.

George W. Wilkins, for respondents.

MALLERY, J.

Plaintiffs sued for the damages sustained when their car was struck in the rear by a truck driven by defendant Aichele and owned by defendant Stadelman Fruit, Inc.

At the close of plaintiffs' case, the trial court granted a judgment of non-suit on the ground that plaintiffs were contributorily negligent as a matter of law by stopping their vehicle on the highway in violation of RCW 46.48.290 [cf.

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