In this case the appeal is taken from that part of the judgment which allows costs to the plaintiff, and that part of the judgment is affirmed, as in the preceding case of Cornish v. M. & L. W. R. R. Co., ante; p. 476; and for the reasons stated in the opinion in that case, herewith filed, this cause, also, is remanded for further proceedings according to law.

By the Court.— Ordered accordingly.