#### John E. Murray, appellee, v. Vandalia Railroad Company, appellant.

Action to recover damages to land from structures erected on adjoining land. 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, 1918.

Reversed and re*654manded.

Opinion filed April 29, 1919.

Rehearing denied July 9, 1919.

McCullough & Wierman, for appellant. Whitley & Fitzgerald and John A. Walgren, for appellee.

Mr. Justice Waggoner

delivered the opinion of the court.