
    Union Pacific Railroad Company v. John Westlund, Administrator.
    
    Filed December 7, 1904.
    No. 13,203.
    Error to the district court for Daivson county: Homer M. Sullivan, Judge.
    
      Reversed.
    
    
      John N. Baldwin and Edson Rich, for plaintiff in error.
    
      Warrington & Stewart, George W. Thomas, H. M. Sinclair and Roscoe Pound, contra.
    
    
      
       Rehearing allowed. See opinion, p. 734, post.
      
    
   Ames, C.

The record in this case is substantially identical with that in Union P. R. Co. v. Fickenscher, ante, p. 187, and the opinion in that case is therefore decisive of this.

It is recommended that the judgment of the district court be reversed and the cause remanded for a new trial.

Oldham, C.,

concurs.

By the Court:

For the reasons stated in the foregoing opinion, it is ordered that the judgment of the district court be reversed and the cause remanded for a new trial.

Reversed.

The following opinion on rehearing was filed December 7, 1906. Judgment of reversal adhered to:

Sedgwick, C. J.

This action was brought in the district court for Dawson county to recover damages caused by a fire alleged to have originated in the carelessness of the defendant. The case was argued and submitted with the motion for rehearing in the case of Union P. R. Co. v. Fickenscher, ante, p. 187, and for the reasons stated in the opinion in that case, the judgment of the district court is reversed and the cause remanded.

Reversed.  