#### Charles A. Stewart, administrator of the estate of Oscar H. Mooneyham, deceased, defendant in error, v. Thomas D. Heed, receiver of the Chicago & Eastern Illinois Railroad Company, plaintiff in error.

Action to recover for wrongful death in collision of automobile with train. Judgment for plaintiff. Error to the Circuit Court of Franklin county; the Hon. J. C. Eagleton, Judge, presiding. Heard in this court at the March term, 1919. *657Eagleton, J., took no part in the hearing of this cause.

*656Reversed with finding of fact.

Opin*657ion filed June 6, 1919.

Edward C. Craig, Donald B. Craig, W. F. Dillon and Fred H. Kelly, for plaintiff in error; Homer T. Dick and Charles O. Fowler, of counsel. J. P. Mooneyham, for defendant in error.

Mr. Presiding Justice Higbee

delivered the opinion of the court.