(concurring specially) — Obviously the legislature should amend RCW 5.60.060 to cover the present situation. The arguments advanced by the Chief Justice for such a change are unanswerable, but they should be directed to the legislature. The statute, as pointed out by the majority, is plain and unequivocal, and it is not within our power to amend it. I, therefore, concur in the result of the majority opinion and would reverse and grant a new trial.