#### Alexander Hamilton, appellee, v. Fred W. Upham, appellant.

Gen. No. 27,705.

Action for personal injuries received by plaintiff while working on a lumber pile. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Marcus Kavanagh, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1922.

Reversed with, finding of facts.

Opinion filed November 8, 1922.

Wilkerson, Cassels, Potter & Gilbert, for appellant; Ralph F. Potter and Kenneth B. Hawkins, of counsel. Edward D. Pomeroy and Henry T. Martin, for appellee.

Mr. Justice Morrill

delivered the opinion of the court.