State v. Duluth, Missabe & Northern Railway Co.

Per Ctjriam.

Due to the fact that in our original opinion, State v. D. M. & N. Ry. Co. 207 Minn. 618, 292 N. W. 401, we did not adopt in toto either the theory of the state or that of the defendants nor yet that of the trial court, we were reluctant to pass upon certain features which would have been more fully presented to us had counsel been aware of our vieAvs on the principal questions involved and to Avhich we noAv adhere. Their position on these minor questions is now fully presented. The state noAv contends that notwithstanding the principles announced in the original opinion it is…