BARTLETT v. NORTHERN PAC. RY. CO.

No. 39603.

74 Wn.2d 881 (1968)

447 P.2d 735

JOHN L. BARTLETT, Appellant, v. NORTHERN PACIFIC RAILWAY COMPANY et al., Respondents.

The Supreme Court of Washington, Department Two.

November 21, 1968.


Attorney(s) appearing for the Case

Robert H. Peterson (of Muscek, Adams, Peterson, Swayze & Baker), for appellant.

John Majeres, Roger J. Crosby and Reed, McClure & Moceri, by Roy J. Moceri, for respondents.


HILL, J.

The trial court, in granting summary judgment of dismissal of the plaintiff's action against the city of Tacoma and the Northern Pacific Railway Company, commented "Maybe the supreme court will think differently." It does!

The end result may be the same at the conclusion of a jury trial, for a jury may reach the same conclusion as the trial court: That neither defendant failed in any duty owed to the plaintiff which could have prevented the injuries...

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