#### Howard Vaughn, appellee, v. St. Louis, Springfield & Peoria Railroad, appellant.

Action on the ease to recover damages to truck in collision with train. Judgment for plaintiff. Appeal from the Circuit Court of Logan county; the Hon. Frank Bindley, Judge, presiding. Heard in this court at the October term, 1922.

Affirmed.

Opinion filed January 17, 1923.

Burton & Hamilton and Miller & Miller, for appellant. Harold F. Trapp, for appellee.

Mr. Justice Heard

delivered the opinion of the court.