
    [No. 15553.
    Department Two.
    April 7, 1920.]
    John Merkel, Appellant, v. D. K. McDonald et al., Defendants, D. M. Drumheller, Respondent.
    
    Appeal from a judgment of the superior court for Spokane county, Blake, J., entered February 17, 1919, upon the verdict of a jury, rendered in favor of one defendant, in an action in tort.
    Affirmed.
    
      F. W. Girand and Fred M. Williams, for appellant.
    
      E. C. Matthias and Graves, Kizer & Graves, for respondent.
    
      
      Reported in 188 Pac. 915.
    
   Per Curiam.

This case presents substantially the facts presented in the case of Lumpp v. McDonald, ante p. 692, 188 Pac. 913. There was a verdict and judgment in favor of the respondent, Drumheller. The plaintiff appeals, assigning errors which, if well taken, would warrant a new trial. Both parties have, however, presented the question of the sufficiency of the facts. For the reasons stated in the case cited, we find the facts insufficient to sustain a judgment against the respondent.

The judgment will therefore stand affirmed.  