(dissenting) — For the reasons assigned .in the dissenting opinion in the case of Wurster v. Seattle, 51 Wash. 654, 100 Pac. 143, I am unable to concur in that part of the foregoing opinion which overrules the first assignment of error. I concur in the conclusions reached by the majority on all other propositions discussed by Judge Dunbar.
Fullerton, J., concurs with Chadwick, J.