Omer Cash, defendant in error, v. John Barton Payne, director general of railroads, plaintiff in error.

Action for personal injuries and damage to plaintiff’s automobile struck by defendant’s caboose on a highway crossing., Judgment for plaintiff. Error to the Circuit Court of Williamson county; the Hon. A. D. Morgan, Judge, presiding. Heard in this court at the March term, 1922.'

Affirmed.

Opinion filed July 11, 1922.

Ed. M. Spiller, for plaintiff in error; H. T. Dick, of counsel. Fowler & Duty, for defendant in error.

Mr. Presiding Justice Higbee

delivered the opinion of the court.