#### Village of Wenonah, appellee, v. Peabody Coal Company, appellant.

Gen. No. 7,582.

Case action for removal of coal beneath streets without leaving sufficient support to maintain surface, whereby street settled and was injured. Judgment for plaintiff against one only of two defendants. Appeal from the Circuit Court of Montgomery county; the Hon. Thomas M. Jett, Judge, presiding. Heard in this court at the April term, 1923.

Reversed and cause remanded.

Opinion filed July 10, 1923.

Hill & Buffington, for appellant. Wilson & Vandever and Preihs & Preihs, for appellee.

Mr. Presiding Justice Heard

delivered the opinion of the court.