Fitzgerald v. Hopkins

70 Wn.2d 924 (1967)

425 P.2d 920

JAMES H. FITZGERALD et al., Appellants,

v.

ROBERT HOPKINS et al., Respondents.[*]

No. 38535.

The Supreme Court of Washington, En Banc.

March 30, 1967.

Miracle, Treadwell & Pruzan, for appellants.

Paul W. Robben and Arthur G. Barnett, for respondents.

WEAVER, J.

At the trial level this case presented a scintillating and intriguing dissertation on the art of sculpturing. It loses much of its glitter on appeal, however, for it presents, basically, a fact question.

Plaintiff, James H. Fitzgerald, 54 years of age, alleges in his complaint and amended complaint that "he has…