Hynek v. City of Seattle

(dissenting) — As late as Rieger v. Kirkland, ante p. 326, 111 P. (2d) 241, this court, speaking through Steinert, J., answering the argument that appellants were not guilty of negligence and that respondent was guilty of contributory negligence as a matter of law, said:

“In passing upon those contentions, we must, of course, not only regard as true all competent evidence which is favorable to respondent, but must also give him the benefit of every favorable inference that can reasonably be drawn from such evidence.”

That is merely a restatement of a long established and universally recognized…