The questions presented by the appeal in this case were considered on the appeal in the companion case of Birmingham Electric Co. v. City of Bessemer et al., 186 So. 569,¹ this day decided, and decided adversely to the appellant.

On authority of that case the decree of the Circuit Court in this case is due to be affirmed. It is so ordered.

Affirmed.

ANDERSON, C. J., and THOMAS and KNIGHT, JJ., concur.

¹ Ante, p. 240.