#### Bernard Kelly, administrator of the estate of Minnie Loving, deceased, appellant, v. Eldridge Benton, appellee.

Gen. No. 7,348.

Action for death by wrongful act. Judgment for defendant. Appeal from the Circuit Court of Peoria county; the Hon. Charles V. Miles, Judge, presiding. Heard in this court at the April term, 1924.

Affirmed.

Opinion filed August 6, 1924.

George W. Hunt and Clark B. Montgomery, for appellant. Scholes & Pratt, for appellee.

Mr. Justice Jones

delivered the opinion of the court.