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WILKENING v. STATE

No. 34949.

54 Wn.2d 692 (1959)

344 P.2d 204

WILLIAM WILKENING, Appellant, v. THE STATE OF WASHINGTON, Respondent.

The Supreme Court of Washington, Department One.

September 24, 1959.

Attorney(s) appearing for the Case

Foster & Foster, for appellant.

The Attorney General and H.T. Hartinger, Assistant, for respondent.

WEAVER, C.J.

The trial court granted an involuntary nonsuit at the close of plaintiff's case. Plaintiff appeals from a judgment dismissing his action with prejudice.

Plaintiff originally owned a tract of land, the southeasterly portion of which was a natural embankment sloping down to and including the adjacent tide lands in the DesChutes waterway in the city of Olympia. A portion of plaintiff's property below the embankment was subject to a thirty-foot railroad...

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