Washington Law Review


Of no small proportions was the task faced by the judges of this state when the legislature saw fit to superunpose upon our background of common law a system of community property, a development of the civil law And nowhere are the difficulties of reconciling these two conflicting systems felt more acutely than in the field of tort liability. In addition to inherent difficulties there is the urge which constantly influences judges to circumvent existing law when it requires turning away a just claimant empty-handed (or, what amounts to the same thing, turning hun away with a judgment winch cannot be satisfied). This urge is, often buttressed by a strong public policy in favor of protectmg the class of claimants to which the plaintiff belongs. Little wonder then that the decisions in this field do not always preserve inviolate the "symmetry" of the "edifice of justice."

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