Zintek v. Stimson Mill Co.

The opinion of the court was delivered by

Scott, J.

— Upon a former trial of this action, a judgment of non-suit was rendered by the superior court, from which the plaintiffs appealed. The judgment was reversed (6 Wash. 178, 32 Pac. 997), and upon the second trial plaintiffs recovered, and the defendant appeals. This appeal is based upon three grounds: (1) The proof is insufficient to charge the defendant with any negligence; (2) the proof shows conclusively that the deceased was guilty of contributory negligence ; and (3) any negligence beyond that of the deceased was the negligence of a…