Dissenting. — The material facts in the case of Anderson v. East Oregon Lumber Co. constitute the material facts in this cause. For the reasons expressed in the companion case, I am of the opinion that Sword has a remedy for the wrong done him, if any was done, if the defendant was the doer of such wrong; and I therefore dissent from the ruling that the plaintiff as an individual is remediless.

This case was heard on appeal with, and involves precisely the same issues determined in Anderson v. East Oregon Lumber Co., post, *459p. 459 (211 Pac. 937), this day decided. As in that case, the judgment of the Circuit Court is reversed and the cause remanded.

Reversed and Remanded. Rehearing Denied.