Washington Supreme Court, 1960

Marvin v. McCall & McDonald, Inc.

Marvin v. McCall & McDonald, Inc.
Washington Supreme Court · Decided December 8, 1960 · Per Curiam
357 P.2d 173; 57 Wash. 2d 906; 1960 Wash. LEXIS 504 (Pacific Reporter, Second Series)

Marvin v. McCall & McDonald, Inc.

Opinion

Per Curiam.

— Margarete Potter sued for personal injuries. A new trial was granted because of an instruction thought to be erroneous. The original plaintiff died after .the trial from causes not connected with the accident. The action for personal injuries does not survive. The appeal is moot, and is, therefore, dismissed upon the authority of RCW 4.20.060 and Boyd v. Sibold, 7 Wn. (2d) 279, 109 P. (2d) 535, without prejudice, however, to any action for the benefit of statutory survivors or dependents.

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