This action was argued and submitted at the same time as the case of Froelich v. Northern P. R. Co. (ante, 307, 167 N. W. 366). The facts in the case are the same as in Froelich v. Northern P. R. Co. In principle, this case is also identical with that.

On the authority of the case of Froelich v. Northern Pacific Rail*318way Company the order of the District Court appealed from is. reversed, with costs.