Malland v. Sims

• Decision Date: 04 December 1933
• Docket Number: 24363.
• Citation: 27 P.2d 1119,173 Wash. 649
• Parties: William MALLAND, Respondent, v. Charles SIMS, Tim Haley, and Great Northern Railway Company, Appellants.
• Court: Washington Supreme Court

27 P.2d 1119

173 Wash. 649

William MALLAND, Respondent, v. Charles SIMS, Tim Haley, and Great Northern Railway Company, Appellants.

No. 24363.

Supreme Court of Washington, En Banc

December 4, 1933

Appeal from Superior Court, Snohomish County; Guy C. Alston, Judge.

Thomas Balmer, Edwin C. Mattias, and Charles S. Albert, all of Seattle, and Clayton M. Williams and Jesse H. Davis, both of Everett, for appellants.

Newton & Newton and William A. Johnson, all of Everett, for respondent.

PER CURIAM.

Upon a rehearing en banc, a majority of the court adhere to the departmental opinion heretofore filed herein and reported in 24 P.2d 70, except only that by inadvertence there appears in that opinion an incorrect statement of fact which it is desired to correct.

It is therefore ordered that there be stricken from the twenty-second line from the top of page 71, of the reported opinion, the words 'was not directed by respondent,' and that there be inserted in lieu of the words so stricken the following, 'did not have authority,' so that the amended clause will read, 'we find nothing in the record tending to show that Golding did not have authority to make the request to have the cars respotted.'

As so amended, the departmental opinion will stand as the opinion of the court, and the judgment is reversed, with directions to dismiss the action.