#### George W. Shutt, appellee, v. Chicago, Wilmington & Franklin Coal Company, appellant.

Action for damages due to the subsidence of land resulting from negligence in conducting mining operations. Judgment for plaintiff. Appeal from the Circuit Court of Sangamon county; the Hon. E. S. Smith, Judge, presiding. Heard in this court at the October term, 1921.

Beversed and remanded.

Opinion filed October 25, 1921.

Rehearing denied February 28, 1922.

A. M. Fitzgerald, for appellant.

James H. Murphy and Sampson & Giffin, for appellee.

Mr. Justice Heard

delivered the opinion of the court.