#### Mike Smith, appellee, v. Illinois Central Railroad Company, appellant.

Gen. No. 7,587.

Suit for trespass and assault, arising out of shooting of defendant in the leg by defendant’s watehman. Judgment for plaintiff confirmed on appeal. Rehearing granted. Appeal from the Circuit Court of Sangamon county; the Hon. Norman L. Jones, Judge, presiding. Heard in this court at the April term, 1923.

Affirmed.

Opinion filed October 26, 1923.

Graham & Graham, for appellant; John G. Drennan, of counsel. Edmund Burke, William J. Lawler and Herman H. Cohn, for appellee.

Per Curiam.