City of Seattle v. Fender

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 con*214nects with Western avenue at the . apex of the triangle. A building of frame construction, consisting of apartments and stores, was, and still is, located on this property.

Prior to June 14, 1939, a…