This action is between the same parties, and in all es.sential respects is the same, as Jeffersonville, etc., R. R. Co. v. Barbour, ante, p. 375, and upon the authority of the decision in that case the judgment of the court below is reversed, with instructions to sustain the appellants’ demurrer to the complaint, and to overrule the appellees’ demurrer to the .appellants’ counter-claim.