#### May E. Phelan, executrix of the estate of Edward P. Phelan, deceased, appellee, v. Chicago Railways Company, appellant.

Gen. No. 23,792.

Action to recover for death of member of fire department caused by street ear striking fire truck on which he was riding. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. William Fenimore Cooper, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.

Reversed and remanded.

Opinion filed October 16, 1918.

John E. Kehoe and Charles Le Roy Brown, for appellant; John R. Guilliams, of counsel.

Trainor & Trainor, for appellee.

Mr. Justice Thomson

delivered the opinion of the court.