#### Johannah Speiser, executrix of the last will and testament of William Speiser, deceased, appellee, v. Cleveland, Cincinnati, Chicago & St. Louis Railway Company, appellant.

Action to recover for wrongful death, caused by being struck by train at railroad crossing. Judgment for plaintiff. Appeal from the Circuit Court of Christian county; the Hon. Thomas M. Jett, Judge, presiding. Heard in this court at the April term, 1919. Certiorari denied by Supreme Court (making opinion final).

Affirmed.

Opinion filed July 9, 1919.

George B. and George M. Gillespie, for appellant; Frank L. Little-ton and Vause & Kiger, of counsel. James A. Merry, for appellee.

Mr. Justice Waggoner

delivered the opinion of the court.