#### Edward M. Miller, administrator of the estate of Walter Linder, deceased, plaintiff in error, v. Walker D. Hines, director general of railroads, defendant in error.

Gen. No. 26,717.

Action for death of plaintiff’s intestate in a collision between a taxicab, in which he was' riding, with defendant’s engine, due to failure to operate crossing gates and signals. Verdict and judgment for defendant. Error to the Superior Court of Cook county; the Hon. M. L. McKinley, Judge, presiding. Hoard in this court at the March term, 1921. McSurely, J., dissenting.

Reversed and remanded.

Opinion filed December 19, 1921.

Rehearing denied January 3, 1922.

Einn & Miller, for plaintiff in error.

J. A. Connell, and Russell B. James, for defendant in error; Bruce Scott, of counsel.

Mr. Presiding Justice Dever

delivered the opinion of the court.