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McDONALD v. SPOKANE COUNTY

No. 34397.

53 Wn.2d 685 (1959)

336 P.2d 127

CHARLES T. McDONALD, Appellant, v. SPOKANE COUNTY, Respondent.

The Supreme Court of Washington, En Banc.

March 5, 1959.

Attorney(s) appearing for the Case

Graves, Kiser & Gaiser, and Paul H. Graves, for appellant.

Del Cary Smith & Del Cary Smith, Jr., John J. Lally, and John P. Tracy, Jr., for respondent.

MALLERY, J.

The plaintiff and his companion were injured on January 4, 1956, while driving his car toward his farm on the Wild Rose road in Spokane county, when they ran into a washout. Heavy and protracted rain had caused flood conditions in the county, which had engaged the full attention of the county road crews. Huston creek, in particular, was swollen and, for some highly controverted cause, had produced a washout in the road where it crosses a gulch or ravine...

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