The questions presented for our consideration in this cause are the same which were considered and decided by this court, at the last term, in the case of The Pittsburgh, Cincinnati and St. Louis R. W. Co. v. Bolner, 57 Ind. 572. Upon the authority of that case, this cause must be decided as that was decided.

The judgment of the court below is reversed, at the appellee’s costs.

Petition for a rehearing overruled.