Heber v. Puget Sound Power & Light Co.

(dissenting) — I find it necessary, in order to make my position clear, that some additional facts be stated other than set out in the majority opinion. In stating these facts, I mention only those testified to by witnesses for the respondent.

The Hebers lived at 409 south Water street in the city of Ellensburg. The dwelling was about eighty-five feet from the place where Heber was killed. Heber, sixty-one years of age, formerly a rancher and service station operator, had worked in the city of Ellensburg for four or five years as a city employee, doing street work, fixing ditches, and cleaning…