Hansen v. West Coast Wholesale Drug Co., 33184
Citation | 289 P.2d 718,47 Wn.2d 825 |
Decision Date | 10 November 1955 |
Docket Number | No. 33184,33184 |
Court | United States State Supreme Court of Washington |
Parties | Ruth Reed HANSEN, individually, and Ruth Reed Hansen, Executrix of the Estate of Jacob S. Hansen, deceased, and Ruth Reed Hansen, Guardian ad litem for Vicki Diane Dayton, a minor, Appellant, v. WEST COAST WHOLESALE DRUG CO., A Washington corporation, Respondent. |
George P. Gruger, Bellevue, Lycette, Diamond & Sylvester, and Earle W. Zinn, Seattle, for appellant.
George H. Bovingdon, Seattle, for respondent.
On December 18, 1953, the defendant, West Coast Wholesale Drug Co., gave its customary pre-Christmas party at which liquor was gratuitously served. Fred Bear was a guest, and left the party about 7:30 p. m., allegedly in an intoxicated condition. While driving his automobile, it collided with the automobile driven by Mr. Hansen. As a result of the collision, Mr. Hansen died and the other occupants of the car suffered personal injuries. Mrs. Hansen brought this action against the West Coast Wholesale Drug Co. to recover for the personal injuries sustained by herself and the minor occupant of the car, and for the wrongful death of her husband. The action was instituted under the provisions of RCW 4.24.100 [cf. Rem.Rev.Stat. § 7348] which provides, in part:
* * *'
The defendant demurred to the complaint, alleging that it did not state a cause of action. The demurrer was sustained. The trial court based its ruling upon its interpretation that the liability fixed by the statute arose only from the sale of intoxicating liquor. Plaintiff refused to plead further, and the action was dismissed by judgment entered October 21, 1954.
The plaintiff appealed, assigning as error the order of the court sustaining the demurrer, and the judgment of dismissal.
During the time that the cause was pending on appeal, chapter 372, Laws of 1955, p. 1538, was passed, which repealed RCW 4.24.100, supra, the statute upon which appellant's cause of action was based. The legislature did not incorporate in the repealing statute a saving clause as to pending causes of action. Appellant's appeal was pending on June 9, 1955, the effective date of the repealing act. Supplemental appeal briefs were filed which brought before this court the issue raised by the repeal of RCW 4.24.100, supra. The case was heard En Banc September 20, 1955.
The contention of the respondent is that the cause is now moot. The cause was not finally adjudicated by the judgment of dismissal entered by the trial court, because the appellant exercised her right of appeal. In the interim, the law which gave appellant a right of action was repealed. This being an action sounding in tort, appellant had no vested right until a...
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