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MADDEN v. VITAMILK DAIRY, INC.

No. 35672.

59 Wn.2d 237 (1961)

367 P.2d 127

PAUL MADDEN, Appellant, v. VITAMILK DAIRY, INC., Defendant, CONTINENTAL CASUALTY COMPANY, Respondent.

The Supreme Court of Washington, Department One.

December 21, 1961.

Attorney(s) appearing for the Case

Karr, Tuttle, Campbell, Koch & Granberg, for appellant.

Lycette, Diamond & Sylvester and Martin L. Wolf, for respondent.

WEAVER, J.

A pre-trial order limited the issue determined by the trial court to the question:

"Was the tanker truck in question under the care, custody or control of the plaintiff or the defendant at the time of the incident here involved."

Plaintiff, a common carrier, was licensed to deliver milk from farms to dairies. He used a milk tanker truck consisting of a tractor and a semi-trailer.

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