Fleming v. Mulligan

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 Washington to hunt pheasant. On the day of the accident, appellant, Stanley R. Fleming, had traveled with one group from the parties’ temporary quarters…