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FOOTE v. HAYES

No. 36600.

64 Wn.2d 277 (1964)

391 P.2d 551

J. EDWARD FOOTE, Appellant, v. EDWARD W. HAYES et al., Respondents.

The Supreme Court of Washington, Department Two.

April 23, 1964.

Attorney(s) appearing for the Case

Allen, DeGarmo & Leedy, by George Leedy, for appellant.

Ogden & Ogden, by Raymond D. Ogden, Jr. and Karr, Tuttle, Campbell, Koch & Grandberg, by Clarence Campbell, for respondents Hayes et al.

A.C. Van Soelen, John A. Logan, and Robert Ward Freedman, for respondent Seattle.

HAMILTON, J.

On December 17, 1958, at about 6:15 p.m., J. Edward Foote, since deceased,1 fell into a 16 to 18 foot deep side sewer trench adjacent to his residence property and was severely injured. He initiated this action against defendants seeking damages for his injuries. The trial court granted defendants' motions for summary judgment and dismissed the action. Plaintiff appeals.

On the evening of the mishap and at the time...

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