Kurtz v. Fels , 63 Wash. 2d 871 ( 1964 )

Hill, J.

(dissenting in part) — I concur in the granting of a new trial on the ground of newly discovered evidence. I concur in the holding that the negligence of the defendants is established as a matter of law.

I dissent from the holding that the absence of contributory negligence is so established. I would limit the new trial to the issues of contributory negligence and damages.