I am inclined to the opinion expressed in Judge Tolman's dissent, that the doctrine of Griffin v. Tacoma, 49 Wash. 524,95 P. 1107, and other of our cases referred to on that subject, is not applicable to the present case. I especially concur in that portion of his dissenting opinion in which he expresses the meaning of the cases of Twichell v. Seattle, 106 Wash. 32,179 P. 127, and Asia v. Seattle, 119 Wash. 674, 206 P. 366.