#### C. C. Drake, administrator of the estate of Ralph Drake, deceased, appellee, v. John S. Nixon, appellant.

Action for damages for the death of a boy 6% years of age who was run over by defendant’s automobile. Judgment for plaintiff. Appeal from the Circuit Court of Tazewell county; the Hon. John M. Niehaus, Judge, presiding. Heard in this court at the April term, 1921. Niehaus, J., took no part in this decision.

Reversed and remanded.

Opinion filed October 25, 1921.

W. J. Reardon and Ralph Dempsey, for appellant.

Arthur F. Miller and W. F. Gray, for appellee.

Mr. Justice Heard

delivered the opinion of the court.