delivered the opinion of the conrt.
It is conceded by the respondent, and is a fact, that the issues and history of this case are identical with those presented in Smith et al. v. Northern Pacific Ry. Co., ante, p. 539, 148 Pac. 393, and on the authority thereof the judgment herein appealed from is reversed and the cause remanded for further proceedings.
Reversed and renumded.
Me. Chief Justice BRAntly and MR. Justice Holloway concur.