#### Harry Schubert by Mary Schubert, appellee, v. Frank J. Patera, appellant.

Gen. No. 26,280.

Action for damages for personal- injuries received when plaintiff was struck by defendant’s automobile. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Frank Johnston, Jr., Judge, presiding. Heard in this court at the October term, 1920.

Affirmed.

McSurely, J., dissenting.

Opinion filed March 7, 1922.

Rehearing denied March 27, 1922.

Yincent D. Wyman, Harry O. Kinne and Charles E, Carpenter, for appellant. John A. Bloomingston, for appellee.

Mr. Presiding Justice Dever

the opinion of the court.