#### Alexander B. Haenny and Albert J. Haenny, executors of the last will and testament of Jacob R. Haenny, deceased, defendants in error, v. Walker D. Hines, director general of railroads and director general of the Toledo, St. Louis & Western Railroad Company, plaintiff in error.

*668Opinion filed May 4, 1921.

J. M. Baker and C. E. Pope, for plaintiff in error; Brown, Geddes, Sehmettau & Williams, of counsel. H. C. Stuttle and Miller & Major, for defendants in error.

Mr. Justice Waggoner

delivered the opinion of the court.

*667Action by executors fo'r the death of testator when struck by defendant’s train at a street crossing. Judgment for plaintiffs. Er*668ror to the Circuit Court of Montgomery county; the Hon. Thomas M. Jett, Judge, presiding. Heard in this court at the October term, 1920. Affirmed.