This is a companion case to that of Wise v. Bay, ante. -The two eases were tried together; the evidence in this case is the same as in the other case; the motion for a new trial in this one contains no special grounds; and the ruling in that case is controlling in this.

Judgment affirmed.

dissenting. My reasons for dissenting from the judgment of my colleagues in this case are the same as stated in my dissenting opinion in Wise v. Ray, ante.