#### Thomas Oseland, appellee, v. Wabash Railway Company, appellant.

Action for personal injuries received by falling into a hole at the intersection of a street with defendant’s right of way. Judgment for plaintiff. Appeal from the Circuit Court of Christian county; the Hon. William B. Wright, Judge, presiding. Heard in this court at the April term, 1922. Certiorari denied by Supreme Court (making opinion final).

Affirmed.

Opinion filed October 25, 1922.

Rehearing denied December 19, 1922.

Hogan & Reese, for appellant; N. S. Brown, of counsel. McBride & Vogelsang, for appellee.

Mr. Justice Heard

delivered the opinion of the court.