#### John F. Devine, administrator of the estate of John A. Benson, deceased, appellee, v. C. A. Carlson, appellant.

Gen. No. 27,076.

Action for damages for the death of plaintiff’s intestate while in the employ of defendant. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1921.

Affirmed.

Taylor, J., dissenting.

Opinion filed October 18, 1922.

Rehearing denied November 2, 1922.

Hall & Spitz, for appellant; Ross C. Hall, of counsel. Haight, Adcock, Haight & Harris, for appellee.

Mr. Presiding Justice Thomson

delivered the opinion of the court.