#### Mary Ann Short, executrix, appellee, v. Chicago, Rock Island & Pacific Railway Company, appellant.

Gen. No. 6,943.

Aetion for the death of plaintiff’s testator when his truck became stalled on defendant’s track and was struck by a backing train. Judgment for plaintiff. Appeal from the Circuit Court of Peoria county; the Hon. C. Y. Miles, Judge, presiding. Heard in this court at the April term, 1921.

Affirmed.

Opinion filed February 23, 1922.

Certiorari denied by Supreme Court (making opinion final).

Stevens, Miller & Elliott, O. P. Westervelt and Daniel Taylor, for appellant. Dailey, Miller, McCormick & Badley, for appellee.

Mr. Presiding Justice Dibell

delivered fhe opinion of the court.