
    The Donohue, Tierney & Isengert Brewing Co., Resp’t, v. The Fitchburg Railroad Co., App’lt.
    Appeal from judgment in favor of plaintiff, entered on verdict, and from order denying motion for a new trial.
    
      T. F. Hamilton, for app'lt; Smith & Parmenter (R. A. Parmenter, of counsel), for resp’t.
   Herrick, J.

This case presents the same facts as the case of Conrad Hoffman against the same defendant, 51 St. Rep., 345, the plaintiff in this action being the employer of the plaintiff in that, both actions arise out of the same accident, and the conclusions arrived at in the Hoffman case require that the judgment herein should be reversed and a new trial ordered, costs to abide the event.

Let an order be entered accordingly.  