
    The Indianapolis and Cincinnati R. R. Co. v. Smither
    APPEAL from the Marion Circuit Court.
    
      Thomas A. Hendrieks, Oscar B. PLord, and Scobey &; Pound, for the appellant.
    
      JR. Zf. Walpole, for the appellee.
   Per Curiam.

The judgment in this case is affirmed, for the reason given in the cases of the same company against Wilsey' and against Toon, at the present term, [infraJ]

The judgment is affirmed with costs.  