
    The State, to the use of William W. Hayden, Respondent, v. Irwin Z. Smith, et al., Appellants.
    
      Appeal from St. Louis Circuit Court.
    
    
      Knox, Smith 8f Kellogg, for appellants.
    
      Decker Sf Voorhis, for respondent.
   Bay, Judge,

delivered the opinion of the court.

Without passing upon the instruction given and refused, the judgment must be reversed for the reason given in the case between the same parties just decided by this court— error in the instruction given to the jury respecting the measure of damages.

Judgment reversed and cause remanded;

the other judges concurring.  