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HAMMACK v. MONROE ST. LBR. CO.

No. 34512.

54 Wn.2d 224 (1959)

339 P.2d 684

EUGENE HAMMACK et al., Appellants, v. MONROE STREET LUMBER COMPANY, Respondent.

The Supreme Court of Washington, En Banc.

May 21, 1959.

Attorney(s) appearing for the Case

Thomas Malott and Sidney Schulein, for appellants.

Witherspoon, Kelley, Davenport & Toole, for respondent.

Rosling, Williams, Lanza & Kastner (Joseph J. Lanza, of counsel), Elliott, Lee, Carney & Thomas (Millard C. Thomas, of counsel), Hall, Cole & Lawrence, and Melvin F. Buol, amici curiae.

FOSTER, J.

Appellant, plaintiff below, appeals from a judgment dismissing his action for damages resulting from a motor vehicle collision, but, because the sole issue concerns the effect of the repeal of the immunity proviso on prior injuries, Laws of 1939, chapter 41, § 2, p. 121, 123,2 by Laws of 1957, chapter 70, § 23, p. 279, a detailed statement of the evidence is unnecessary. There was a prior appeal,

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