#### Stanley Edward Johnson by Andrew Johnson, Appellant, v. Henry Dekker, Appellee.

Gen. No. 19,397.

(Hot to he reported in full.)

Appeal from the Circuit Court of Cook County; the Hon. Charles M. Walker, Judge, presiding. Heard in this court at the March term, 1913.

Reversed and remanded.

Opinion filed May 25, 1914.

Statement of the Case.

Action hy Stanley Edward Johnson, a minor, hy Andrew Johnson, Ms next friend, against Henry Dekker to recover damages for personal injuries. The declaration alleges negligence in the manner in which *241defendant loaded and piled bags of grain on Ms wagon, and in the manner of driving the wagon so loaded on the highway, so that a number of the bags fell off the wagon on plaintiff, a minor, then lawfully on the street. From a judgment entered on a directed verdict for defendant, plaintiff appeals.

Abstract of the Decision.

Negligence, § 204 * —when direction of verdict improper. In an action to recover for injuries sustained by a six-year-old boy resulting from bags of grain falling off of a wagon upon him, where the evidence showed that plaintiff and another boy were going to a store to buy candy, that they walked behind defendant’s wagon and for a time had hold of a chain hanging from the tailboard, and that when they came to the cross walk of an intersected street they let go of the chain and plaintiff started for the store walking on the cross walk and at that time several bags of grain fell off the rear end of the wagon upon him, held that the question whether defendant was negligent in piling bags on the wagon or in driving the wagon was a question for the jury, and that the court erred in directing a verdict for defendant.

John C. Trainor, for appellant.

Gustav Nelson, for appellee.

*

See Illinois Notes Digest, Vols XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice McSurely

delivered the opimon of the court.