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SMITH v. ERNST HARDWARE CO.

No. 36254.

61 Wn.2d 75 (1962)

377 P.2d 258

PHYLLIS SMITH et al., Appellants, v. ERNST HARDWARE COMPANY, Respondent.

The Supreme Court of Washington, Department Two.

December 20, 1962.

Attorney(s) appearing for the Case

Roy E. Jackson and Daniel G. Goodwin, for appellants.

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

OTT, J.

Phyllis Smith was injured July 14, 1959, while making a purchase in the Ernst Hardware Company store at Northgate in Seattle, when a box containing a light fixture fell and struck her head.

The community of Phyllis Smith and Robert L. Smith, Jr., her husband, commenced this action against the Ernst Hardware Company to recover for her damages. Phyllis Smith will be referred to hereinafter as though she were the sole plaintiff.

At the trial,...

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