The opinion
Mr. Justice Scott, dissenting: The facts in the present record are substantially as they were when the case was before us on a former appeal, and, according to authorities in this and other courts, that decision is conclusive of the rights of the parties.
For a fuller expression of my views, as to the merits of the case, reference is made to our former opinion, Chicago, Burlington and Quincy Railroad Co. v. Lee, 68 Ill. 576 .