#### Fred Graff, appellee, v. James C. Davis, agent et al., appellant.

Gen. No. 28,791.

Suit under Federal Employers’ Liability Act for injuries to plaintiff, a railroad employee. Judgment for defendant. Appeal from the Circuit Court of Cook county; the Hon. John H. Marshall, Judge, presiding.

Heard in the second division of this court for the first district at the October term, 1923.

Reversed and remanded.

Opinion filed March 11, 1924.

Loesch, Scofield, Loesch & Richards, for appellant. W. W. McCallum, for appellee; John A. Bloomingston, of counsel.

Mr. Justice Barnes

delivered the opinion of the court.