#### James S. Deming, administrator of the estate of Charles Enke, deceased, appellee, v. Chicago Railways Company et al., operating as Chicago Surface Lines, appellants.

Gen. No. 28,103.

Actions for damages for personal injuries to driver of a horse truck in collision with street ear. Judgment for plaintiff for o$3;000. Appeal from the Circuit Court of Cook county; the Hon. Francis S. Wilson, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1922.

Reversed with finding of facts.

Opinion filed March 13, 1923.

Charles Le Boy Brown, for appellants; John B. Guilliams, Frank L. Kriete and Joseph D. Byan, of counsel. Charles C. Spencer and Arthur A. House, for appellee.

Mr. Justice Gridley

delivered the opinion of the court.