DeNIKE v. MOWERY

No. 37751.

69 Wn.2d 357 (1966)

418 P.2d 1010

KENNETH DENIKE et al., Respondents, v. CHARLES R. MOWERY et al., Appellants.

The Supreme Court of Washington, Department Two.

September 29, 1966.


Attorney(s) appearing for the Case

Williams, Lanza, Kastner & Gibbs, by Joseph J. Lanza, for appellants.

Helsell, Paul, Feterman, Todd & Hokanson, by William A. Helsell and James T. Johnson, for respondents.


FINLEY, J.

This appeal precipitates a confrontation between two apparently applicable principles of tort law, and necessitates either an accommodation of the two rules or a choice of one or the other. The first principle — and the one which ultimately prevails by virtue of the decision herein — is fundamental in the sense that it relates to the function of the law of torts. It is somewhat difficult to articulate, but may be stated in the following manner...

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