#### Independent Oil Company, appellee, v. Illinois Central Railroad Company, appellant.

Action to recover for damage to wagon struck by train at highway intersection. Judgment for plaintiff. Appeal from the Circuit Court of Macon county; the Hon. William K. Whitfield, Judge, presiding. Heard in this court at the October term, 1917.

Reversed with finding of fact.

Opinion filed October 22, 1918.

Crea, Housum & Hamilton, for appellant; John G. Drennan, of counsel.

McCullough & Wiérman, for appellee.

Mr. Justice Graves

delivered the opinion of the court.