#### Albert C. Whitman, appellee, v. Kirk & Company, appellant.

Gen. No. 26,608.

Action for personal injuries to a railroad employee switching ears on or near premises of defendant. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Marcus Kavanagh, Judge, presiding. Heard in this eourt at the October term, 1920.

Reversed and remanded.

Opinion filed March 7, 1922.

Rehearing denied March 27, 1922.

Moloney & Postelnek, Cutting, Moore & Sidley and Wilkerson, Cassels, Potter & Gilbert, for appellant; Ralph E. Potter and E. C. Austin, of counsel. Thomas J. Symmes and Morse Ives, for appellee.

Mr. Presiding Justice Dever

delivered the opinion of the eourt.