#### Noble W. Kearney, defendant in error, v. James C. Davis, agent, plaintiff in error.

Gen. No. 7,556.

Suit for personal injuries against employer by railroad section hand, under Federal Employers Liability Act. Judgment for $2,500 for employee. Error to the Circuit Court of Logan county; the Hon. Frank Lindley, Judge, presiding. Heard in this court at the April term, 1923.

Affirmed.

Opinion filed October 26, 1923.

Covey & Woods, for plaintiff in error; Silas H. Strawn, W. A. Covey and C. H. Woods, of counsel. Harold F. Trapp and Miller & Miller, for defendant in error.

Mr. Justice Niehaus

delivered the opinion of the court.