#### Ben Clark, appellee, v. Cleveland, Cincinnati, Chicago & St. Louis Railway Company, appellant.

Action to recover for personal injuries caused by fall of timbers from passing freight train while plaintiff was on station platform. Judgment for plaintiff. Appeal from the Circuit Court of Saline county; the Hon. A. W. Lewis, Judge, presiding. Heard in this court at the March term, 1918.

AfSrmed.

Opinion filed November 1, 1918.

P. J. Kolb and W. F. Scott, for appellant; L. J. Hackney and Frank L. Littleton, of counsel.

Gustin, Lightfoot & Gustin and Fowler & Rumsey, for appellee.

Mr. Justice Higbee

delivered the opinion of the court.