St. Paul Fire & Marine Insurance v. Chas. H. Lilly Co. , 46 Wash. 2d 840 ( 1955 )

Hamley, C. J.

(concurring in the result)—I agree with Judge Donworth that this case cannot be distinguished from Metropolitan Park Dist. v. Olympia Athletic Club, 42 Wn. (2d) 179, 254 P. (2d) 475. The majority is therefore correct in following the Metropolitan case, unless that case is to be overruled. I agree with Judge Donworth that Metropolitan ought to be overruled. Since, however, there is not a majority in favor of this action, Metropolitan continues to state the law, and calls for the result reached by the majority.