#### Orvil F. Hopper, appellee, v. Cleveland, Cincinnati, Chicago & St. Louis Railway Company, appellant.

Action to recover for personal injuries sustained in collision between an automobile and a switch engine. Judgment for plaintiff for $1,184. Appeal from the Cireuit Court of Vermilion county; the Hon. Augustus A. Partlow, Judge, presiding. Heard in this court at the October term, 1917.

Reversed with finding of fact.

Opinion filed July 15, 1918.

Rehearing denied October 2, 1918.

George B. Gillespie, for appellant; Reariek &' Meeks and F. L. Littleton, of counsel.

A. B. Dennis and Acton & Acton, for appellee.

Mr. Presiding Justice Eldredge

delivered the opinion of the court.