FLEMING v. MULLIGAN

No. 278-40916-1.

3 Wn. App. 951 (1970)

478 P.2d 754

STANLEY R. FLEMING, Appellant, v. KENNETH MULLIGAN et al., Respondents.

The Court of Appeals of Washington, Division One — Panel 2.

December 28, 1970.


Attorney(s) appearing for the Case

Donald H. McGavick, for appellant.

Davies, Pearson, Anderson & Gadbow and Wayne J. Davies, for respondents.


WILLIAMS, J.

The plaintiff brought action to recover for personal injuries sustained when he fell from the tailgate of a truck belonging to one of the defendants and driven by the other. This appeal lies from a judgment of dismissal entered at the close of plaintiff's case in a jury trial.

The facts which are admitted for the purposes of defendant's motion to dismiss are that the litigants were members of a party of six who had gone from Tacoma to eastern...

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