This case, except that a different piece of land is involved, is almost identical in its facts with, and is governed by the rule announced in Ettor v. Tacoma, ante p. 50, 106 Pac. 478. Upon the authority of that case, the judgment of the lower court is affirmed.

On Petition for Rehearing.2

[Decided March 26, 1910.]

The petition for rehearing in this case is denied on the authority of the decision this day filed in the case of Ettor v. Tacoma, ante p. 50, 107 Pac. 1061.