S.S. KRESGE v. PORT OF LONGVIEW

No. 2305-2.

18 Wn. App. 805 (1977)

573 P.2d 1336

S.S. KRESGE COMPANY, Respondent, v. THE PORT OF LONGVIEW, Appellant, LAWRENCE B. RICE, ET AL, Respondents.

The Court of Appeals of Washington, Division Two.

December 13, 1977.


Attorney(s) appearing for the Case

Charles R. Cusack, Jr., for appellant.

Judson T. Klingberg, for respondents.


PEARSON, C.J.

The Port of Longview appeals from a directed verdict in favor of S.S. Kresge Company in Kresge's tort action based on the collapse of the roof of the Port's warehouse and resulting damage to goods consigned to Kresge. The major issue concerning liability is whether the Superior Court erred in applying the vicarious liability of a possessor of land for construction work by an independent contractor, as expressed in section 422 of the Restatement (Second...

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