#### Caroline Heafner, administratrix of the estate of John Heafner, deceased, plaintiff in error, v. Chicago & Alton Railroad Company, defendant in error.

Action to recover for wrongful death of a trackman by being struck by cars. Judgment for defendant. Error to. the Circuit Court of Madison county; the Hon. J. P. Gillham, Judge, presiding. Heard in this court at the March term, 1919.

Reversed and remanded.

Opinion filed November 7, 1919.

J. B. Harris, for plaintiff in error. C. E. Rope, for defendant in error; Silas H. Strawn, of counsel.

Mr. Justice Eagleton

delivered the opinion of the court.