Taake v. City of Seattle

The opinion of the court was delivered by

Gordon, J.

This cause was once before in this court upon an appeal by plaintiff from an order directing a non-suit, and is reported in 16 "Wash. 90 (47 Bac. 220). Hpon that appeal the order was reversed, and at the trial which followed the plaintiff recovered judgment, from which the city has appealed.

There are substantially but two questions involved in the present appeal. The first relates to certain rulings of the court with reference to the defense—interposed by way of a supplemental answer—that the plaintiff (respondent here) had settled with the…