This case involves substantially the same state of facts and the same legal question as the case of Ennest v. Railroad Co., ante, 398 (142 N. W. 567), and the disposition of this case is necessarily controlled by the decision rendered therein. We are therefore of the opinion that the plea in abatement was properly overruled.
The order of the circuit court is affirmed.
Steere, C. J., and Moore, McAlvay, Brooke, Stone, Ostrander, and Bird, JJ., concurred.