Blaak v. Davidson

(dissenting) — I would reinstate the jury verdict in favor of defendants under the line of authority represented by Cunningham v. Dills, 19 Wn.2d 845, 145 P.2d 273 (1944); Morehouse v. Everett, 141 Wash. 399, 252 P. 157, 58 A.L.R. 1482 (1926); and Devoto v. United Auto Transp. Co., 128 Wash. 604, 223 P. 1050 (1924). These cases most nearly resemble the factual situation that confronted the parties in the instant case and hold that the issue of negligence is for the jury. Under the evidence in the instant case, the jury could have found that both plaintiff and defendant were negligent in…