— All tbe material facts necessary to be passed upon in tbis case are tbe same as in tbe case of tbe same plaintiff against Fritz Yoltmer, which has just 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.