#### Mary E. Bell, Administratrix, Appellee, v. East St. Louis & Suburban Railway Company, Appellant.

(Not to be reported in full.)

Appeal from the Circuit Court of Madison county; the Hon. Thomas M. Jett, Judge, presiding. Heard in this court at the March term, 1914.

Reversed and remanded.

Opinion filed July 28, 1914.

*351Abstract of the Decision.

Steeet bailboads, § 131 * —when recovery for death of driver of wagon in collision with car not sustained by the evidence. In an action against a suburban railway company to recover for the death of plaintiff’s intestate caused by one of defendant’s cars colliding with a team and wagon which the deceased was driving in a street occupied by the tracks of the defendant, held that a verdict for plaintiff could not be sustained, there being uncontradicted evidence showing that deceased was driving in the same direction the car was going and that he attempted "to cross the track within one hundred feet of the approaching car, and it also appearing that the team and front wheel of the wagon was struck instead of the rear of the wagon, and that the car was stopped within eight to fifteen feet after the accident.

Statement of the Case.

Action by Mary E. Bell, administratrix of the estate of John Bell, deceased, against East St. Louis & Suburban Railway Company to recover damages for the death of plaintiff’s intestate resulting from one of defendant’s cars colliding with a team and wagon which the deceased was driving on a street occupied by defendant’s tracks in Collinsville, Illinois.

From a judgment entered on a verdict in favor of plaintiff for fifty-two hundred and fifty dollars defendant appeals.

Williamson, Burroughs & Ryder, for appellant.

Charles H. Burton and Trautmann, Flannigen, Baxter & Hamlin, for appellee.

*

See Illinois Notes Digest, Vola. XI to XY, and Cumulative Quarterly, same topic and section number.

Mr. Justice Harris

delivered the opinion of the court.