
    [No. 18374.
    
      En Banc.
    
    December 1, 1924.]
    T. H. Adams, Respondent, v. J. R. Harvey, Appellant. 
    
    Appeal from a judgment of tbe superior court, for Clarke county, Kirby J., entered July 13, 1923, in favor of tbe plaintiff, in an action for damages for eloignment of railroad ties, tried to the court.
    Modified.
    
      W. W. McCredie and John Wilkinson. (John Wilkinson, of counsel), for appellant.
    
      McMaster, Hall & Schaefer, for respondent.
    
      Burkey & Burkey, Alexander, Bundy & Swale, and Charles M. Fouts, amici curiae.
    
    
      
       Reported in 230 Pac. 436.
    
   On Rehearing.

Per Curiam.

Upon a rehearing En Banc, a majority of the court adhere to the views expressed by the Departmental opinion heretofore filed herein and reported in 129 Wash. 483, 225 Pac. 407. Therefore, as stated in that opinion, let $250 be deducted from the judgment, and as thus modified it is affirmed. Appellant will recover costs in this court.  