#### Spiegel, May, Stern Company, defendant in error, v. Walker D. Hines, director general of railroads, operating New York Central Railroad Company, plaintiff in error.

Gen. No. 26,315.

Action against defendant as the delivering carrier for failure to deliver a shipment. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. Joseph S. LaBuy, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1920.

Reversed with finding of facts.

Opinion filed November 1, 1921.

Glennon, Cary, Walker & Murray, for plaintiff in error; C. A. Reinwald and L. Beers-Jones, of counsel. Andalman, Kostner & Arvey, for defendant in error; Maxwell N. Andalman, of counsel.

Mr. Justice Morrill

delivered the opinion of the court.