CITY OF SEATTLE v. FENDER

No. 32255.

42 Wn.2d 213 (1953)

254 P.2d 470

THE CITY OF SEATTLE, Appellant, v. ANNA FENDER et al., Respondents.

The Supreme Court of Washington, En Banc.

March 10, 1953.


Attorney(s) appearing for the Case

A.C. Van Soelen, J. Ambler Newton, John A. Logan, and G. Grant Wilcox, for appellant.

Macbride, Matthews & Hanify and Thomas H. Macbride, for respondents.


SCHWELLENBACH, J.

This is an appeal from a judgment of involuntary nonsuit, dismissing the cause of action of plaintiff with prejudice.

In 1939 and prior thereto, one Denis Murphy was the owner of a triangular piece of land in the city of Seattle, bounded on the north by Blanchard street, on the east by Western avenue, and on the west by Elliott avenue. The latter street extends northwesterly and southeasterly and connects

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