In Re Schmitz

— This is an appeal from a portion of the decree of the superior court confirming, as modified, the assessment roll of local improvement district No. 5957 of the city of Seattle, for the construction of the 56th avenue S.W. sewer.

The crux of this appeal is in the assignment of error directed to the court’s finding of fact that

“ . . . the objector [appellant] has failed to sustain the burden of proof by a preponderance of the evidence and the court finds that the benefits to the property [owned by appellant] are in an amount equal to or in excess of the amount assessed and therefore sustains…