Smith v. Kneisley

ON REHEARING.

This case was heretofore heard in a Department of this court, resulting in an opinion which appears in 184 Wn. 26,49 P.2d 916. Thereafter, a petition for rehearing was interposed and by the court granted.

The case was again argued to the court sitting En Banc, and a majority now entertains the view that the Departmental opinion cannot be sustained, and that the issues presented should be decided upon the merits. Therefore, passing all other questions raised, we have carefully studied the evidence in the case for the purpose of determining the basic fact as to whether there was any…