#### David C. Wheeler, Appellee, v. Southern Railway Company, Appellant.

(Not to be reported in full.)

Appeal from the City Court of East St. Louis; the Hon. H. L. Browning, Judge, presiding. Heard in this court at the March term, 1917.

Reversed and remanded.

Opinion filed October 24, 1917.

Statement of the Case.

Action by David C. Wheeler, plaintiff, against The Southern Railway Company, defendant, to recover an alleged indebtedness growing out of the employment of plaintiff by defendant as a lamplighter. From a judgment for plaintiff for $75 by the City Court of East St. Louis, on change of venue from the Circuit Court, to which the case was appealed from a judgment by a justice of the peace before whom the action was originally brought, defendant appeals.

Kramer, Kramer & Campbell, R. H. Wieohert and J. W. Freels, for appellant; Edward P. Humphrey, of counsel.

*565Abstract of the Decision.

1. Appeal and error, § 1787* — when judgment reversed pro forma. Where no brief is filed by appellee, a judgment will be reversed pro forma under Appellate Court Rule 27.

•2. Master and servant, § 84* — when verdict for plaintiff in action for services is against weight of evidence. In an action by an employee to recover an alleged indebtedness growing out of the employment of plaintiff by defendant as lamplighter, the verdict and judgment for plaintiff held to be against the manifest weight of the evidence.

No appearance for appellee.

Mr. Justice Boggs

delivered the opinion of the court.