Kelley v. Falangus

Dawson, J. †

These two actions were consolidated in trial court and retain that status on appeal. Floyd C. Kelley and Lillian P. Kelley, plaintiffs in one suit, and Stella M. Helard, plaintiff in the other, own adjoining improved real properties, each dimensioned 50 by 128 feet. These parcels abut on Olympic Place, a street on Queen Anne Hill in Seattle. Topographically, the land slopes sharply downward in the area. Immediately below plaintiffs’ parcels, abutting upon the full width of Mrs. Helard’s tract and upon one-half of the width of the Kelley tract, is situated a lot 75 by 128 feet,…