The facts are substantially the same in this case as in The Bradford, Eldred & Cuba Railroad Company v. The Same Defendant, and the cases were argued together.

For the reasons given in the other case, the judgment herein should also be reversed and a new trial granted, with costs to abide the event.

Andrews, Earl, Gray and O’Brien, JJ., concur; Ruger, Oh. J., and Finch, J., dissent.