
    [No. 4858.
    Decided October 22, 1904.]
    Charles Theis, Appellant, v. Spokane Falls Gas Light Company et al., Respondents.
    
    On Petition for Rehearing.
    Appeal from a judgment of the superior court for Spokane county, Belt, J.
    Rehearing denied.
    
    
      Post, Avery & Higgins, for appellant.
    
      George Ladd Munn, Thayer & Belt, and Walker & Munn, for respondents.
    
      
       Reported in 78 Pac. 299.
    
    
      
       Note — For former opinion, see, s. c., 34 Wash. 23, 74 Pac. 1004. — Rep.
    
   Per Curiam. —

The petition for rehearing in this case will be denied, but as this court is not in possession of all the facts necessary to determine the equities between the parties, arising out of legal transactions in the cause since the action was commenced, all of such questions will be submitted primarily to the trial court for determination.  