#### Ernest Drake, appellee, v. Chicago Railways Company, on appeal of Chicago, West Pullman & Southern Railroad Company, appellant.

Gen. No. 25,069.

Action to recover damages for injuries sustained by the motorman of a street car struck by a train. Judgment for plaintiff. Appeal from Circuit Court of Cook county; the Hon. John P. MeGoorty, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.

Reversed and remanded.

Opinion filed July 7, 1920.

Rehearing denied July 27, 1920.

Edgar A. Bancroft and David A. Orebaugh, for appellant; Victor A. Remy, of counsel. Charles C. Spencer and Arthur A. House, for appellee; Nathan E. Utt, of counsel.

Mr. Justice O’Connor

delivered the opinion of the court.