Mills v. Inter Island Telephone Co.

Plaintiff, Helen Hilyard Mills, executrix of the estate of her deceased husband, instituted a wrongful death action against the Oreas Power & Light Company and Inter Island Telephone Company. The action against the power company was settled. She appeals from a jury verdict in favor of the defendant telephone company.

This is plaintiff’s third appeal. The first, Mills v. Orcas Power & Light Co., 56 Wn.2d 807, 355 P.2d 781 (1960), involved a demurrer to plaintiff’s second amended complaint. Under the rules then applicable the Supreme Court assumed the truth of every fact well pleaded in…