
    [No. 9510.
    
      En Banc.
    
    July 27, 1912.]
    W. H. Fluhart, Respondent, v. Seattle Electric Company, Appellant.
      
    
    Appeal from a judgment of the superior court for King county, Tallman, J., entered October 24, 1910, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries sustained by a pedestrian struck by a street car.
    Reversed.
    
      James B. Howe and A. J. Eallcnor, for appellant.
    
      Douglas, Lane & Douglas, for respondent.
    
      
       Reported in 124 Pac. 1127.
    
   On Rehearing.

Per Curiam.

On respondent’s petition a rehearing en banc has been granted in this action. After such rehearing, the majority of this court conclude that the opinion heretofore filed herein, 65 Wash. 291, 118 Pac. 51,. should be sustained.

It is therefore ordered that the judgment of the' superior court be reversed, and that the cause be remanded with instructions to dismiss.  