Devoto v. United Auto Transp. Co., 226 P. 1118 (Wash. 1924). · Go Syfert
Devoto v. United Auto Transp. Co., 226 P. 1118 (Wash. 1924). Cases Citing This Book View Copy Cite
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A. L. Devoto
v.
United Auto Transportation Company, Incorporated, Appellants E. J. Thompson v. United Auto Transportation Company, Incorporated, Appellants Leo Devoto v. United Auto Transportation Company, Incorporated
No. 18280.
Washington Supreme Court.
Jun 17, 1924.
Published opinion
226 P. 1118
1924 Wash. LEXIS 1041
E. A. Latcham and Van Dyke <6 Thomas, for appellants., Bates & Peterson, for respondents.
Holcomb.
Cited by 3 opinions  |  Published

Rehearing

On Rehearing.

Per Curiam.

Upon a rehearing En Banc, a majority of the court adhere to the Departmental opinion heretofore filed herein and reported in 128 Wash. 604, 223 Pac. 1050. The judgment of the superior court is therefore reversed and the case remanded for a new trial.

Dissent

Holcomb, J.

(dissenting) — Although I joined in the opinion of the Department, and still concur in that opinion as to the joinder[*708] of parties, I am now convinced that the opinion is erroneous as to the instruction condemned. In my opinion, the instruction condemned follows the statutes of this state, is correct as a matter of law and justice, and should be approved. Ultimately it will be.

The verdict and judgment should therefore be affirmed.