#### Barbara Jacksa, administratrix of the estate of Martin Jacksa, deceased, defendant in error, v. James C. Davis, agent in charge of transportation operating the Chicago, Rock Island & Pacific Railway Company, plaintiff in error.

Gen. No. 7,349.

Action for death by wrongful act. Judgment for plaintiff. Error to the Circuit Court of Will county; the Hon. Prank L. Hooper, Judge, presiding. Heard in this court at the April term, 1924.

Reversed and remanded.

Opinion filed July 24, 1924.

Snapp, Heise & Snapp, for plaintiff in error; Daniel Taylor, of counsel. Garnsey, Wood & Lennon, for defendant in error; John H. Garnsey and Daniel Harrington, of counsel.

Mr. Justice Partlow

delivered the opinion of the court.