The opinion
Mitchell, C. J.
(dissenting) — I am inclined to the opinion expressed in Judge Tolman’s dissent, that the doctrine of
Griffin v. Tacoma,
49 Wash. 524 , 95 Pac. 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 Pac. 127 , and
Asia v. Seattle,
119 Wash. 674 , 206 Pac. 366 .