delivered the opinion of the court.

This is a companion case with Texas & New Orleans R. R. Co. v. Miller, just decided, ante, p. 408, and arose out of the derailment of the same engine. It took substantially the same course in the state courts, (128 S. W. Rep. 1173), and presents substantially the same questions.

For the reasons given in the other case, the motion to dismiss is denied, and that to affirm is granted.

Affirmed.