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McCREA v. UNION PACIFIC R.R.

No. 1672-3.

15 Wn. App. 472 (1976)

550 P.2d 19

ELLIS A. McCREA, Respondent, v. UNION PACIFIC RAILROAD COMPANY, Appellant.

The Court of Appeals of Washington, Division Three.

May 18, 1976.

Attorney(s) appearing for the Case

William F. Nielsen and Hamblen, Gilbert & Brooke, P.S., for appellant.

Ivy, Elofson, Vincent, Hurst & Crossland and David K. Crossland, for respondent.

MUNSON, J.

This appeal is taken from an order granting a new trial; the order was based upon Godfrey v. State, 84 Wn.2d 959, 530 P.2d 630 (1975), in which RCW 4.22.010 (comparative negligence) was held to be "retroactive" in certain instances. The Union Pacific Railroad appeals; respondent Ellis A. McCrea moves to dismiss the appeal. We grant respondent's motion to dismiss following argument...

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