
    Francis J. Burkley, appellant, v. City of Omaha, appellee.
    Filed May 29, 1912.
    No. 16,702.
    Appeal from the district court for Douglas county: William A. Redick, Judge.
    
      Affirmed.
    
    
      T. J. Mahoney and J. A. 0. Kennedy, for appellant.
    
      John A. Rine, TP. 0. Lambert and Clinton Brome, contra.
    
   Reese, O. J.

This case ivas submitted with Creighton University v. City of Omaha, ante, p. 486. It involves the identical question presented in that case, and is decided the same way.

The judgment of the district court is

Affirmed.

Sedgwick and Hamer, JJ., dissent.  