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ALBIN v. NATIONAL BK. OF COMMERCE

No. 35586.

60 Wn.2d 745 (1962)

375 P.2d 487

BESSIE ALBIN, as Administratrix, Appellant, v. THE NATIONAL BANK OF COMMERCE OF SEATTLE et al., Respondents. LARRY ALBIN, Appellant, v. THE NATIONAL BANK OF COMMERCE OF SEATTLE et al., Respondents.

The Supreme Court of Washington, En Banc.

November 1, 1962.

Attorney(s) appearing for the Case

Peterson & Taylor and Ivan Merrick, for appellants.

Vaughn Hubbard, for respondent National Bank of Commerce of Seattle.

Dean W. Loney and Loney, Westland & Koontz, for respondent Braden.

Minnick, Hahner & Tuttle, for respondent Columbia County.

HILL, J.

A car proceeding along a county road through a heavily-wooded, mountainous area, during a windstorm of disputed force, was struck by a falling tree.1 The road, though remote and closed by snow during the winter, was used somewhat extensively during the deer and elk hunting season. One occupant of the car was killed and his son, then a minor, who was driving the car, was seriously injured.

An action to recover for the wrongful...

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