
    [No. 13503.
    
      En Banc.
    
    August 6, 1917.]
    N. E. Toler, Respondent, v. Northern Pacific Railway Company, Appellant.
      
    
    Appeal from a judgment of the superior court for Snohomish county, Alston, J., entered January 27, 1916, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries sustained hy a locomotive fireman.
    Reversed.
    
      C. H. Winders, for appellant.
    
      Govnor Teats, Leo Teats, and Ralph Teats, for respondent.
    
      
      Reported in 166 Pac. 778.
    
   On Rehearing.

Per Curiam.

Upon a rehearing En Banc, a majority of the court still adhere to the opinion heretofore filed herein as reported in 94 Wash. 360, 162 Pac. 538, and for the reasons there stated, the judgment is reversed with instructions to dismiss.  