LYMAN, J.,
(Dissenting). — I do not concur in the opinion of the court.
From the premise, that “the facts showing how the death occurred are not ascertained,” the conclusion that the plaintiff has borne the burden of proving that death was not caused by the negligence of the deceased, seems to me to be strangely illogical and illegal, not in accord with the former decisions of this court, and in conflict with the statute.