#### John Lapshansky, administrator of the estate of Anna Lapshansky, deceased, appellee, v. Cleveland, Cincinnati, Chicago & St. Louis Railway Company, appellant.

Gen. No. 7,673.

Action for death by wrongful act. Judgment for plaintiff. Appeal from the Circuit Court of Montgomery county; the Hon. Thomas M. Jett, Judge, presiding. Heard in this court at the October term, 1923.

Affirmed.

Opinion filed March 8, 1924.

Certiorari denied by Supreme Court (making opinion final).

George B. Gillespie, for appellant; Harry N. Quigley, George M. Gillespie and Thomas E. Gillespie, of counsel. Lane, Dryer & Brown, for appellee.

Mr. Justice Shurtleff

delivered the opinion of the court.