delivered the opinion of the court.

The issues in this case are identical with those in McClaine v. City of Silverton, ante, p. 26, (162 Pac. 496). The cases were tried together upon the same testimony, and the conclusions which we have reached are necessarily the same.

It follows that the decree must be reversed and one entered here dismissing the suit.

Reversed. Suit Dismissed.

Rehearing Denied.