Sweazey v. Valley Transport, Inc.

(dissenting) — Before the rule laid down in the case of Morris v. Chicago, M., St. P. & P. R. Co., 1 Wn. (2d) 587, 97 P. (2d) 119, 100 P. (2d) 19, may be said to have become stare decisis, I am impelled to say again that I fail to see why it is error to give an instruction upon due care in a death case when it is not error to instruct that a person injured at a railroad crossing was presumed to have exercised due care — to have stopped, looked, and listened, Steele v. Northern Pac. R. Co., 21 Wash. 287, 57 Pac. 820; when it is error to fail to give an instruction on the presumption of…