This is a companion case to No. 5330, International & Great Northern Railway Co. et al. v. Abe Rathblath et al., 167 S. W. 751, this day-decided, except that the question of intervention is not involved in this case. Upon the other question discussed in the opinion filed in the former case the two cases are* analogous, and we make the same ruling here as was made in that case.

Judgment affirmed.