#### W. G. Nivins, Appellee, v. Illinois Terminal Railroad Company, Appellant.

(Not to Tbe reported in full.)

Appeal from the Circuit Court of Madison county; the Hon. Lotos Bernkbtjteb, Judge, presiding. Heard in this court at the October term, 1917.

Affirmed.

Opinion filed April 5, 1918.

Statement of the Case.

Action by W. Gr. Nivins, plaintiff, against Illinois Terminal Railroad Company, defendant, to recover for damages caused by the alleged defective construction of a railroad embankment. From a judgment for plaintiff, defendant appeals. The decision in Dettmer v. Illinois Terminal R. Co., 210 Ill. App. 653, which involves substantially the same facts and issues, except that the land is differently located, controls herein. The decision in Drda v. Illinois Terminal R. Co,, 210 Ill. App. 640, also applies to the questions involved in the case at bar.

H. S. Baker, A. M. Fitzgerald and Warnock, Williamson & Burroughs, for appellant.

Burton & Burton, for appellee.

Mr. Justice Higbee

delivered the opinion of the court.