Bateman v. Ursich

Hill, J.

(concurring in the result)—I concur in the result because a violation of the anti-hitchhiking statute does not prevent the formation of a host-guest or licensor-licensee relationship. The result in Upchurch v. Hubbard, 29 Wn. (2d) 559, 188 P. (2d) 82, was correct; but I am now persuaded that the boy in that case was neither a guest nor a licensee, but a trespasser, and that Hubbard became liable for his death only because the boy’s youth placed a duty on Hubbard to prevent his trespassing.