#### Samuel L. Nichols, executor, appellee, v. William A. Fleming, appellant.

Action for damages for negligent death caused by a motor truck driven by defendant’s servant. Judgment for plaintiff. Appeal from the Circuit Court of Madison county; the Hon. J. F. Gillham, Judge, presiding. Heard in this court at the March term, 1921. Certiorari denied by Supreme Court (making opinion final).

Reversed with finding of facts.

Opinion filed November 10, 1921.

D. E. Keefe, for appellant; S. W. Baxter and W. P. Boynton, of counsel. Burton & Burton, for appellee.

Mr. Presiding Justice Higbee

delivered the opinion of the court.