
    STONE, Respondent, v. CITY OF BUTTE, Appellant.
    (No. 2,758.)
    (Submitted January 22, 1910.
    Decided February 4, 1910.)
    [107 Pac. 411.]
    (See syllabus in Smith v. City of Butte, ante, p. 445.)
    
      Appeal from District Court, Silver Bow County; John B. Mc-Clernan, Judge.
    
    Action by William John Stone against tbe City of Butte. Judgment for plaintiff. Defendant appeals.
    Affirmed.
    
      Mr. E. M. Lamb, and Mr. John B. Boarman, for Appellant.
    
      Messrs. Breen & Hogevoll, for Respondent.
   TVTR- JUSTICE SMITH

delivered tbe opinion of tbe court.

On the authority of Smith v. City of Butte, ante, p. 445, 107 Pac. 409, the judgment and order of the district court of Silver Bow county, from which appeals have been taken in this case, are affirmed.

Affirmed.

Mr. Chief Justice Beantly and Me. Justice Holloway concur.  