#### Charles C. Shrimplin, administrator of the estate of Hanibal W. Shrimplin, deceased, appellant, v. Cleveland, Cincinnati, Chicago & St. Louis Railway Company, appellee.

Gen. No. 7,255.

Action for death by wrongful act. Judgment for defendant on demurrer. Appeal from the Circuit Court of Iroquois county; the Hon. Frank L. Hooper, Judge, presiding.

Heard in this court at the October term, 1923.

Rehearing denied October 8, 1924.

Affirmed.

Opinion filed April 10, 1924.

Wendell P. Kay and Claude N. Saum, for appellant. Free P. Morris and Roscoe C. South, for appellee; L. J. Hackney and H. N. Quigley, of counsel.

Mr. Justice Jones

delivered the opinion of the court.