
    [No. 13425½.
    
      En Banc.
    
    July 17, 1917.]
    Everett Railway, Light & Water Company et al., Appellants, v. The City of Everett et al., Respondents.
    
    Appeal from a judgment of the superior court for Snohomish county, Alston, J., entered November 18, 1915, dismissing an action to restrain the enforcement of an ordinance, upon sustaining a demurrer to the complaint.
    Reversed.
    
      J. A. Coleman and James M. Hogan, for appellants.
    
      Wm. A. Johnson, for respondents.
    
      
      Reported in 166 Pac. 655.
    
   Per Curiam.

This case is in all respects the same as that of Pacific Tel. & Tel. Co. v. Everett, ante p. 259, 166 Pac. 650, with the exception that the ordinance granting the franchise is not set out in full in the complaint. The respondents seek to differentiate it by the contention that the description of the franchise as epitomized in the complaint contains nothing which is in any wise affected hy the license tax imposed hy the charter and ordinance set forth in the ease cited. But, in our opinion, sufficient is alleged to show the nature of the franchise under which the appellant is acting, and that its terms would be infringed hy the imposition of the charge imposed hy the charter and ordinance. For the reasons stated in the case cited, the judgment is reversed with instructions to overrule the demurrer.  