#### Edward Atlas, by Samuel Atlas, Appellee, v. Chicago Railways Company, Appellant.

Gen. No. 22,964.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Edward T. Wade, Judge, presiding. Heard in this court at the October term, 1916.

Reversed with finding of fact.

Opinion filed May 28, 1917.

Rehearing denied June 11, 1917.

Statement of the Case.

Action by Edward Atlas, a minor, by Samuel Atlas, next friend, plaintiff, against the Chicago Railways Company, defendant, to recover for personal injuries. From a verdict and judgment for plaintiff for $554,' defendant appeals.

*577Abstract of the Decision.

1. Street railroads, § 131*—when evidence shows no negligence in operation of car striking child. Evidence in an action to recover for personal injuries to a child struck by a street car in crossing the track, examined and held to show that defendant was guilty of no negligence in the management and operation of its car.

2. Street railroads, § 66*—when motorman not negligent in injuring person suddenly appearing on track. Where a pedestrian unexpectedly appears upon a street car track before an approaching car, it is the motorman’s duty to do all that he reasonably can to avoid an accident, and, if he does this, it cannot be said that the accident was caused by negligence on his part.

Frank L. Kriete, for appellant; J. R. Guilliams and Warren D. Bartholomew, of counsel.

Howard Ames, for appellee.

Mr. Presiding Justice McSurely

delivered the opinion of the court.