The issues of law and of fact presented in this case, upon ' the controlling question, are the same as in Cass County v. C., B. & Q. Railroad Company, decided at the present term of this court.

As it is deemed unnecessary to examine the question presented, it must be sufficient to say that the'conclusion reached in this case is the same as in that; the judgment of the district court being in favor of defendant in error, it is affirmed.

Judgment affirmed.