— All the material facts necessary to be passed upon in this case are the same as in the case of the same plaintiff against Fritz Yoltmer, which has *164just been decided. [Ante, p. 152.] For tbe reasons stated in tbe opinion in tbat case, tbe judgment is reversed and tbe cause remanded with directions to dismiss tbe proceeding to assess benefits and damages.

— Tbe foregoing opinion of Roy, C., is adopted as tbe opinion of tbe court.