#### May Homrighouse, administratrix of the estate of John Phillip Homrighouse, deceased, appellee, v. H. V. Bale, appellant.

Gen. No. 7,339.

■ Action to recover damages for wrongful death. Judgment for plaintiff. Appeal from the Circuit Court of Peoria county; the Hon. John M. Niehaus, Judge, presiding. Heard in this court at the April term, 1924.

Reversed and remanded.

Opinion filed October 11, 1924.

Henry E. Jacobs and Clarence W. Heyl, for appellant; Heyl & Heyl, of counsel. Barnes, Magoon, Black & Horton, for appellee; C. M. West, of counsel.

Mr. Presiding Justice Jett

delivered the opinion of the court.