On Rehearing-.
Taliaeerbo, J.For the reasons assigned in the judgment rendered' in the case of the Home Mutual Insurance Company v. The City of New Orleans, No. 889, it is ordered, adjudged and decreed, that the judgment heretofore rendered in this case, be avoided and set aside; and it is now ordered, adjudged and decreed that judgment be rendered in favor of defendant, the plaintiff and appellee paying costs in both courts.