#### Chicago, Burlington & Quincy Railway Company et al. v. Fred H. Steinkuehler.

This case is controlled by the decision in C., B. & Q. Ry. Co. et al. v. DeFreitas, ante, p. 228.

Action on the case. Appeal from the Circuit Court of Morgan county; the Hon. Owen P. Thompson, Judge, presiding. Heard in this court at the November term, 1906.

Affirmed upon remittitur.

Opinion filed June 1, 1907.

Kirby & Wilson, for appellants.

John A. Bellatti, for appellee.

Per Curiam.

Appellee as the owner of lots No. 158 and 159 in the Car Shops addition to the city of Jacksonville recovered a verdict and judgment against appellants for $400 fot damages alleged to have resulted to said property by reason of the construction and operation of a railroad.

The questions presented by the record in this case are the same as those involved in the case of DeFreitas against the same defendants, and the opinion in -that case this day filed in this court controls the disposition of this case. (Ante, p. 228.)

If appellee will, within 20 days, remit $100 from the amount of his judgment, it will be affirmed for $300, otherwise the judgment will be reversed and the cause remanded.

Affirmed upon remittitur. Remittitur filed and judgment affirmed.