The holding of this court in Treat v. Railway, 157 Mich. 320 (133 Am. St. Rep. 347), justifies the opinion of my Brother CLARK. It is, however, in conflict with the later holding of this court in McCreery v. Roff, 189 Mich. 558. With some reluctance I concur in my Brother's opinion. I think, however, we should expressly overrule the McCreery Case.