#### Joe Catello, appellee, v. Chicago, Burlington & Quincy Railroad Company, appellant.

Action to recover damages resulting from erection of coal chute near plaintiff’s premises. Judgment for plaintiff. Appeal from the Circuit Court of Franklin county; the Hon. J. C. Eagleton, Judge, presiding. Heard in this court at the October term, 1919.

Reversed with finding of fact.

Opinion filed April 10, 1920.

Eagleton, J., took no part in the consideration or decision of this case.

Hart & Hart, for appellant.

Robert E. Hickman and Layman & Johnson, for appellee.

Mr. Presiding Justice Boggs

delivered the opinion of the court.