#### Howard S. Gemmill, Administrator, Appellee, v. Grand Trunk Western Railway Company, Appellant.

Gen. No. 23,307.

(Not to be reported in full.)

Appeal from the Superior Court of Cook county; the Hon. Mazzini Sltjsser, Judge, presiding. Heard in the Branch Appellate .Court at the March term, 1917.

Reversed with finding of fact.

Opinion filed May 14, 1918.

Statement of the Case.

Action by Howard S. Gemmill, administrator of the estate of Anton Czemer, plaintiff, against Grand Trunk Western Railway Company, defendant, to recover damages for wrongful death. From a judgment for plaintiff, defendant appeals.

Kretzinger & Kretzinger and L. L. Smith, for appellant.

*247Abstract of the Decision.

RArr.noads, § 562 * — when boy boarding freight train is guilty of contributory negligence. In an action for the death of a boy 12 or 13 years old who was run over by defendant’s train, evidence that deceased in company with other hoys had gone upon the right of way for the purpose of picking up coal and that decedent sustained the injury while attempting to board a freight train moving at a speed of about 6 miles per hour, shows contributory negligence as a matter of law.

Earl J. Walker, for appellee; A. R. Miller, of counsel.

*

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

Mr.. Presiding Justice Barnes

delivered the opinion of the court.