Desimone v. Mutual Materials Co.

This is the second time this cause has come before this court. The decision of this court on the first appeal will be found in 20 Wn. (2d) 434, 147 P. (2d) 945.

The action was originally commenced in August, 1942, by Mike Desimone and wife against Mutual Materials Company, to recover damages for the loss of a growing crop on what will be referred to as tract C, which tract was in the possession of and cultivated by plaintiffs, and also to recover damages to another tract of land of which plaintiffs were the owners in fee simple. Plaintiffs’ claim for damages was based upon the tortious casting…