Second District.

#### Charles G. Sandry, defendant in error, v. Chicago, Indiana & Southern Railroad Company. (New York Central Railroad Company, plaintiff in error.)

Gen. No. 7,114.

Trespass on the case to recover damages for personal injury to employee by flying fragment of steel. Judgment for plaintiff. Error to the Circuit Court of La Salle county; the Hon. Edgar Eldredge, Judge, presiding. Heard in this court at the October term, 1922.

Reversed.

Opinion filed March 16, 1923.

Bertrand Walker and Boys, Osborn & Griggs, for plaintiff in error; W. H. Boys, of counsel. Arthur H. Shay, for defendant in error.

Mr. Justice Jett

delivered the opinion of the court.