#### John F. Devine, Administrator, Defendant in Error, v. Mando Rammesathi, Plaintiff in Error.

Gen. No. 23,357.

(Not to be reported in full.)

Error to the Circuit Court of Cook county; the Hon. Benjamin W. Pope, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.

Affirmed.

Opinion filed May 14, 1918.

*295Abstract of the Decision.

1. Roads and bridges, § 239 * — when negligence in leaving team, unfastened, and unattended shown. In an action for the death of a boy who was killed while playing upon the sidewalk by defendant’s team, which had run away after being left unguarded and unfasened in a public street in violation of ordinance, evidence held to show defendant’s negligence and that death resulted from the injuries sustained in consequence thereof.

2. Death, § 67* — when verdict not excessive. A verdict for $3,000 held not excessive for the death of a boy 5 years of age.

3. Trial, § 54* — when denial of motion to withdrew) juror is proper. Denial of defendant’s motion to withdraw a juror where defendant claimed surprise on account of the death of a stenographer who had taken the testimony of one of plaintiff’s witnesses at the coroner’s inquest, defendant desiring to impeach such witness by the stenographer’s notes, was proper where the testimony of such witness at the inquest might have been obtained from the official record of the coroner.

Statement of the Case.

Action by John F. Devine, as administrator of the estate of Rudolph Kranrp, deceased, plaintiff, against Mando Rammesathi, defendant, to recover for the wrongful death of plaintiff’s intestate. From a judgment for plaintiff for $3,000, defendant brings error.

Ernest Saunders, for plaintiff in error.

Frederic C. Ellis and Frank C. Kuhn, for defendant in error; Charles C. Spencer, of counsel.

*

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

Mr. Justice Matchett

delivered the opinion of the court.