Klein v. Pyrodyne Corp., 56879-1

Decision Date14 October 1991
Docket NumberNo. 56879-1,56879-1
CourtWashington Supreme Court
PartiesDanny KLEIN, et al., Respondents, v. PYRODYNE CORPORATION, Petitioner.

It is hereby ordered that the opinion in the above cause, as the same appears at 117 Wash.2d 1, 810 P.2d 917, be changed as follows:

1. The words "a rocket" are deleted from the thirteenth line from the top of page 3 and the eighth line from the top of page 4 [second column, line 17 from top of page 918 and first column, 6th line from top of page 919 of 810 P.2d]. The words "an aerial shell" are inserted in their place.

2. The word "shell" is inserted in place of the word "rocket" in the following locations:

a. the second appearance in the eighth line from the top of page 4 [first column, first full paragraph, fifth line of page 919 of 810 P.2d];

b. the fifteenth line from the top of page 4 [first column, second full paragraph, third line of page 919 of 810 P.2d];

c. the seventeenth line from the top of page 4 [first column, second full paragraph, fifth line of page 919 of 810 P.2d];

d. the twenty-third line from the top of page 4 [first column, second full paragraph, fourteenth line of page 919 of 810 P.2d];

e. the eighth line from the bottom of page 11 [second column, twelve lines up from bottom of page 922 of 810 P.2d];

f. the first line on page 14 [first column, sixth line from top of page 924 of 810 P.2d]; and

g. the fourth line from the top of page 14 [first column, tenth line from top of page 924 of 810 P.2d].

3. The word "rocket" is deleted from the nineteenth line from the top of page 4 [first column, second full paragraph, 8th line of page 919 of 810 P.2d]. The words "mortar tube" are inserted in its place.

4. The sentence beginning with the words "This resulted" beginning in the twentieth line from the top of page 4 [first column, second full paragraph, tenth, eleventh, twelfth lines of page 919 of 810 P.2d] is deleted.

5. The words "aerial shells or" are inserted between the words "ignites" and "rockets" in the sixteenth line from the top of page 7 [second column, first full paragraph, fourth line of page 920 of 810 P.2d].

6. The words "shell or" are inserted between the words "a" and "rocket" in the twentieth line from the top of page 7 [second column, first full paragraph, ninth line of page 920 of 810 P.2d].

7. The word "rockets" is deleted from the last line of page 17 [last line of page 925 of 810 P.2d] (in footnote 7). The words "aerial shells" are inserted in its place. *

/s/Dore

Chief Justice

APPROVED:

/s/Utter

/s/Brachtenbach

/s/Dollwer

/s/Andersen

/s/Durham

/s/Guy

/s/Smith

Justices.

* Corrections were incorporated in the text of the bound volume of Washington Reporter 810-812 P.2d, on pages 918-925 of 810 P.2d.

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  • Schuck v. Beck
    • United States
    • Court of Appeals of Washington
    • October 19, 2021
    ...(Second) of Torts .¶69 The Washington high court adopted §§ 519 and 520 of the Restatement (Second) of Torts in Klein v. Pyrodyne Corp ., 117 Wash.2d 1, 7, 810 P.2d 917, 817 P.2d 1359 (1991). Pursuant to § 519, one is liable for carrying on an abnormally dangerous activity when the activity......
  • State v. Vanderburgh
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    • Court of Appeals of Washington
    • June 17, 2021
    ...after the actor's act or omission has been committed.’ " Frahm , 193 Wash.2d at 600, 444 P.3d 595 (quoting Klein v. Pyrodyne Corp. , 117 Wash.2d 1, 17 n.7, 810 P.2d 917, 817 P.2d 1359 (1991) (citing, in turn, RESTATEMENT (SECOND) OF TORTS § 441(1) (AM. LAW INST. 1965) )). In tort law, the r......
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    ...the result of obvious mistake or error.’ ” In re Det. of Strand, 167 Wash.2d 180, 189, 217 P.3d 1159 (2009) (quoting Klein v. Pyrodyne Corp., 117 Wash.2d 1, 13, 810 P.2d 917, 817 P.2d 1359 (1991)). By saying that municipalities in which airports are located may not charge license fees or oc......
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