Upon the authority of L. T. & S. W. Rly. Co. v. Forbes, 37 Kas. 445, the judgment of the district court will be reversed, and the cause remanded for further proceedings.

We think it necessary to add that the word “prescribed” should read “proscribed,” in the twenty-fourth line of page 452, 37 Kas. “Proscribed” is the word used in the opinion, and by error was improperly changed in printing to “prescribed.”