Smith v. Ft. Lyon Canal Co. , 151 C.C.A. 438 ( 1916 )

CARLAND, Circuit Judge.

This case is ruled by our opinion in No. 4644 (Snowden v. Ft. Lyon Canal Co., 238 Fed. 495), this day filed. The judgment herein is reversed, and the case remanded, with instructions to overrule the demurrer with leave to the defendant to answer the complaint if it shall be so advised.