This is an action for personal injuries arising out of the same accident which was the foundation of the suit of Piver against the same company, and decided by this court at the present term.

Eor the reasons expressed in our opinion in that case, the judgment brought up for review by the present writ of error must be reversed.

(concurring). This case is similar to the case of Piver, decided at this term. On the authority of that case I vote to reverse in this case.

Judge Yroom votes to reverse upon the same grounds.

For affirmance — None.

For reversal — The Chancellor, Chief Justice, Garrison, Eort, Hendrickson, Pitney, Swayee, Reed, Trenchahd, Bogert, Yhedenburgi-i, Yroom, Green, Gray, Dili., J'.J. 15.