Upon authority of the recent decision of the United States Supreme Court in Mo. Pac. R. R. Co. v. Ault, decided 1 June, 1921 (since the case at bar was tried in the Superior Court), and reported in the Advanced Opinions of that Court, at page 647, No. 16, 1 July, 1921, the present action will be dismissed without prejudice to the rights of the plaintiff to proceed hereafter against the Director General of Eailroads.

Action dismissed.