City of Tacoma v. Peterson

This case was heretofore in this court on an appeal by the plaintiff from a judgment of dismissal. The judgment then appealed from was reversed as to the second cause of action, upon the ground that the plaintiff had made a prima facie case, and the trial court was directed to proceed with the trial. Tacoma v. Peterson, 165 Wash. 161, 5 P. (2d) 1022.

Upon the going down of the remittitur, the case was brought on for trial before the court, sitting without a jury. By stipulation, the statement of facts embracing all of the evidence relating* to the present issues which was offered by the city…