Pig'n Whistle Corp. v. Scenic Photo Pub. Co.
Opinion
Lead Opinion
McCormick, J.
This is an appeal from a judgment on a verdict of the jury in favor of the appellee, plaintiff in the court below, in an action for damages to its property caused by a fire in. the Rialto building at Seattle, Wash. The complaint was based upon charges of negligence by appellant in three particulars: First, in the violation of certain hereinafter mentioned municipal ordinances of the city of- Seattle relating to the maintenance and use of grease fume producing ranges and duets therefrom in certain restaurant kitchens; second, in the violation of provisions of the written lease of the premises occupied by appellant in said building; and, third, in the manner of operation by appellant of its restaurant business in said building, whereby fire was allowed to come from the ranges in the kitchen of appellant to the injury and damage of appellee. It is conceded that appellant was not a party to the written lease of the premises occupied by it, and that therefore no liability in this ease could attach by reason of the violation of any of the terms of said written lease. It thus appears that the judgment 'appealed from must be sustained, if at all, upon one or both of the other grounds of…