#### Gregory Van Metre, administrator of the estate of Harold B. Bingham, deceased, appellee, v. Chicago City Railway Company and Chicago Railways Company, appellants.

Gen. No. 28,041.

Trespass on the ease for damages for death from injuries to passenger in automobile, who was thrown out and run over by street ear owned and operated by defendant. Judgment for deceased’s estate for $4,000. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1922.

Affirmed.

Opinion filed December 10, 1923.

Rehearing denied January 4, 1924.

Certiorari denied by Supreme Court (making opinion final).

Charles Le Roy Brown, for appellants; John R. Guilliams, Frank L. Kriete and John E. Kehoe, of counsel. Royal W. Irwin, for appellee; Royal W. Irwin and Kenneth B. Hawkins, of counsel.

Mr. Justice Johnston

delivered the opinion of the court.