#### Foreman Brothers Banking Company, administrator of the estate of Wladyslaw Chrzaszcs, deceased, appellee, v. Apex Motor Fuel & Lubricant Company, appellant.

Gen. No. 28,819.

Action for death by wrongful act. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. George A. Sentel, Judge, presiding. Heard in the third division of this court *620for the first district at the October term, 1923.

Reversed with a finding of fact.

Opinion filed October 30, 1924.

John Clark Baker, for appellant. John D. Farrell, for appellee.

Mr. Presiding Justice O’Connor

delivered the opinion of the court.