Page:North Dakota Reports (vol. 2).pdf/421

 Northern Pacific Railroad Company, Plaintiff and Appellant, v. Jerry A. Barnes, Defendant and Respondent.

APPEAL from district court, Burleigh county; Hon. Roderick Rose, Judge.

W. F. Ball and John S. Watson, for appellant. N. F. Boucher, Louis Hanitch, and R. H. Copeland, for respondent.

The opinion of the court was delivered by

, J. Following the case of Railroad Co. v. Barnes, ante (decided at this term), the judgment of the district court is reversed.

, J., concurs. , C. J., dissents.

and, JJ., having been of counsel, did not sit on the hearing of the above-entitled action, nor take any part in the opinion; Judge , of the sixth judicial district, and Judge , of the third judicial district, sitting by request in their places.

Northern Pacific Railroad Company, Plaintiff and Appellant, v. Epson D. Strong, County Treasurer of Foster County, Defendant and Respondent.

APPEAL from district court, Foster county; Hon. Roderick Rose, Judge.

W. F. Ball and John S. Watson, for appellant. E. W. Camp, for respondent.

The opinion of the court was delivered by

, J. Following the case of Railroad Co. v. Barnes, ante (decided at this term), the judgment of the district court is reversed.

, J., concurs. , C. J., dissents.