#### Elizabeth McGough, administratrix of the estate of Michael McGough, deceased, appellee, v. Chicago and Western Indiana Railroad Company, appellant.

Gen. No. 25,435.

Action to recover for wrongful death by assault of defendant’s servant. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the" Hon. Prank Johnston, Jr., Judge, presiding. Heard in this court at the October term, 1919.

Reversed with finding of fact.

Opinion filed March 8, 1920.

C. G. Austin, Jr., J. Raymond Barse and Samuel Kassel, for appellant.

George E. Gorman, for appellee.

Mr. Justice Dever

delivered the opinion of the court.