The questions involved in this case are the same as in the case of Straughan v. The Indianapolis and St. Louis Railroad Company, ante, p. 185; and for the reasons given in that case, the judgment must be affirmed.
W. A. McKenzie, for appellant' M. A. Osborn and L. Ritter, for appellee.The judgment below is affirmed, with costs and five per cent, damages.
Pettit, J., was absent.