
    [No. 8381.
    Department One.
    January 21, 1910.]
    Edwin Howard et al., Appellants, v. The City of Tacoma et al., Respondents.
    
    Appeal from a judgment of the superior court for Pierce county, Chapman, J., entered June 11, 1909.
    Affirmed.
    
      Boyle, Warhurton & Broolcway, for appellants.
    
      T. L. Stiles, Frank R. Baker, and F. A. Latcham, for respondent City of Tacoma.
    
      JB. H. Field and Geo. W. Forte, for respondent Chicago, Milwaukee & St. Paul R. Co.
    
      
      Reported in 106 Pac. 481.
    
   Pee Curiam.

This case, except that a different piece of land is involved, is almost identical in its facts with, and is governed by the rule announced in Ettor v. Tacoma, ante p. 50, 106 Pac. 478. Upon the authority of that case, the judgment of the lower court is affirmed.

On Petition for Rehearing.

[Decided March 26, 1910.]

Per Curiam.

The petition for rehearing in this case is denied on the authority of the decision this day filed in the case of Ettor v. Tacoma, ante p. 50, 107 Pac. 1061. 
      
      Reported in 107 Pac. 1064.
     