
    STEVENS, Respondent, v. NORTHERN PACIFIC RY. CO., Appellant.
    (No. 3,496.)
    (Submitted March 30, 1915.
    Decided April 21, 1915.)
    [148 Pac. 396.]
    
      Northern Pacific Land Grant 2— Bight of Way — Scope of Grant— Bights of Subsequent Grantees — Damages to Property.
    
    [For syllabus, see Smith et al. v. Northern Pacific By. Co., ante, p. 539.]
    
      Appeal from District Court, Missoula County; B. Lee McCullough, Judge.
    
    Action by A. M. Stevens against the Northern Pacific Railway Company. Judgment for plaintiff, and defendant appeals.
    Reversed.
    
      
      Messrs. Chinn & Rasch and Mr. Wm. F. Wayne, for Appellant.
    
      Messrs. Sail & Whitlock, for Respondent.
   MR. JUSTICE SANNER

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.  