
    Argued January 2,
    decided January 23 ;
    modified on rehearing June 25 ;
    motion to re-tax costs denied August 14, 1912.
    PORTER v. SMALL.
    [120 Pac. 398: 124 Pac. 649.]
    From Lake: George Noland, Judge.
    This is an action by John C. Porter, by James C. Porter, his guardian, against Geo. H. Small. From a judgment dismissing the complaint, plaintiff appeals.
    Affirmed.
    For appellant, there was a brief over the names of Mr. Edward B. Watson, Mr. W. J. Moore and Mr. Thomas S. Farrell, with an oral argument by Mr. Watson.
    
    For respondent there was a brief over the names of Mr. W. Lair Thompson, Mr. John A. Carson and Mr. J. D. Venator, with oral arguments by Mr. Thompson and Mr. Carson.
    
   Mr. Justice McBride

delivered the opinion of the court.

This case arises out of the same conditions and is similar in all respects to the case of Wesley F. Porter et al. v. George H. Small, 62 Or. 574 (120 Pac. 393), just decided, and the reasoning in that case applies equally to this.

On the authority of that decision, the judgment in this casé is affirmed. (See 62 Or. 574.)

Affirmed : Modified on Rehearing.  