The following opinion was filed December 3, 1940:

This case is ruled by the case of Nayes v. Milwaukee E. R. & L. Co., ante, p. 141, 294 N. W. 812.

The judgment of the circuit court is reversed, and cause remanded with directions to dismiss the complaint.

A motion for a rehearing was denied, with $25 costs in one case, on March 11, 1941.