#### Childers & Lillienstein, Appellee, v. Illinois Central Railroad Company, Appellant.

(Not to be reported in full.)

Abstract of the Decision.

Appeal and error, $ 804 * —What evidence not considered. Evidence not preserved in the bill of exceptions may not be considered by the Appellate Court.

Appeal from the Circuit Court of Sangamon county; the Hon. James A. Cbeighton, Judge, presiding. Heard in this court at the October term, 1916.

Reversed with a finding of fact.

Opinion filed July 14, 1917.

Statement of the Case.

Action by Childers & Lillienstein, a corporation, plaintiff, against the Illinois Central Railroad Company, defendant, to recover for the loss of a mule which was sick when it arrived at the destination and died three days later. From a judgment for plaintiff for $120, defendant appeals.

This is one of a series of cases arising out of the same accident as in No. 6,646, ante, p. 535.

Graham & Graham, for appellant; John G. Drennan, of counsel.

Smith & Friedmeyer, for appellee.

*

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

Mr. Presiding Justice Thompson

delivered the opinion of the court.