#### John Wendzinski, appellee, v. Madison Coal Corporation, appellant.

Action for negligence. Appeals from former trial reported in 203 Ill. App. 1, rov’d in 282 HI. 32. 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).

Affirmed.

Opinion filed November 10, 1921.

Burton & Burton, for appellant; John G. Drennan, of counsel. William P. Smith and Terry, Gueltig & Powell, for appellee.

Mr. Justice Barry

delivered the opinion of the court.