Fawcett v. Manny

On Rehearing.

Tolman, J.

This case was first heard at the May term, 1932, by a Department of this court. There being a disagreement, the case was heard En Banc at the September, 1932, term, resulting in an opinion reported in 170 Wash. 148, 15 P. (2d) 933. Reference is made to that decision and to the companion case of Mercer v. Lovering, reported in 170 Wash. 140, 15 P. (2d) 930, for the facts and circumstances as well as for the varying view points there expressed.

The controversy has been waged over the construction to be given to that part of the rules of the road set forth in Rem. Rev.…