#### John Chidley, Appellee, v. Richard Bray and A. T. Kates, Appellants.

Gen. No. 23,870.

(Not to be reported in full.)

Appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding.

Heard in this court at the October term, 1917.

Reversed with finding of fact.

Opinion filed April 29, 1918.

Statement of the Case.

Action by John Chidley, plaintiff, against Richard Bray and A. T. Kates, defendants, to recover damages for personal injuries received while in defendants’ employ. From a judgment for plaintiff for $4,000, defendants appeal.

Wallace E. Shibba and Kelly, Hale, Dammann & Coolidge, for appellants; J. F. Dammann, Jb. and Wallace E. Shibba, of counsel.

*395Abstract of the Decision.

1. Negligence, § 47 * —when reasonable and probable cause of accident adopted. In an action by a servant to recover for personal injuries received through the operation of a machine, where the injury may be attributed either to a wholly speculative and inexplicable cause or to one that is natural, reasonable and probable, the Appellate Court will accept the latter.

2. Master and servant, § 683*—when verdict for plaintiff for personal injuries received while operating machine is not sustained by evidence. In an action by a servant to recover for personal injuries received while operating a machine, evidence held to show that the machine was not out of- repair, defective and unsafe, but that the injury was caused by plaintiff’s own action in operating it, and not to support a verdict for plaintiff.

Boyle & Mott, for appellee; Edward Boyle and James Arthur Miller, of counsel.

*

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

Mr. Justice McSurely

delivered the opinion of the court.