#### Henry Simmer, appellee, v. Chicago Waste Company, appellant.

Gen. No. 27,950.

Action for damages for personal injuries sustained by employee falling through a hole in second floor of building occupied by defendant corporation, alleging negligence and violation of statute requiring employers to fence and inclose all hoistways, hatchways, etc., in factories, etc. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Mazzini Slusser, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1922.

Reversed with finding of facts.

Opinion filed February 13, 1923.

Gallagher, Kohlsaat, Rinaker & Wilkinson, for appellant. Charles C. Spencer, for appellee.

Mr. Presiding Justice Barnes

delivered the opinion of the court.