#### John F. Devine, Administrator, Appellee, v. Erie Railroad Company, Appellant.

Gen. No. 22,829.

(Not to be reported in full.)

Abstract of the Decision.

1. Death, § 50b*—when evidence is sufficient to show that contributory negligence of deceased is proximate cause of death. In an action to recover for death by wrongful act, evidence examined and held to show that the negligence of plaintiff’s intestate was the primary cause of xthe accident which caused his death.

2. Master and servant, § 101 * —what is duty of master towards servant of independent contractor in place of danger. The only duty owed by the employer of an independent contractor to the servant of such contractor who voluntarily puts himself in a place of danger, where his work does not require him to be, is to avoid wantonly or wilfully injuring him.

Appeal from the Circuit Court of Cook county; the Hon. David P. Matciiett, Judge, presiding. Heard-in this court at the October term, 1916'.

Reversed with finding of fact.

Opinion filed May 21, 1917.

Statement of the Case.

Action by John F. Devine, administrator of the estate of George Hinzenstem, deceased,- plaintiff, against the Erie Railroad Company, a corporation, defendant, to recover for the death of plaintiff’s intestate. From a judgment of $2,000 entered upon the verdict of a jury, defendant appeals.

W. O. Johnson, Bull & Johnson and George C. Gale, for appellant.

Charles A. Churan and Wiley W. Mills, for appellee.

*

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

Mr. Justice Holdom

delivered the opinion of the court.