#### Morris Kominsky, administrator, plaintiff in error, v. Morris L. Arkin, defendant in error.

Gen. No. 27,812.

Suit for personal injuries followed by death. Judgment for defendant. Error to the Superior Court of Cook county; the Hon. Marcus Kavanagh, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1922.

Reversed and remanded.

Opinion filed October 17, 1923.

Jerome J. Cermak and Alvin E. Stein, for plaintiff in error; Jacob G. Grossberg, of counsel. Charles S. Dougherty, for defendant in error; John E. Hogan, of counsel.

Mr. Justice O’Connor

delivered the opinion of the court.