#### Albert C. Whitman, appellee, v. Kirk & Company, appellant.

Gen. No. 29,065.

Action to recover damages for personal injuries. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Isaac B. Craig, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1923.

Reversed and remanded.

Opinion filed January 26, 1925.

Moloney & Postelnek, Cutting, Moore & Sidley and Cassels, Potter & Bentley, for appellant; Ralph F. Potter and E. C. Austin, of counsel. Morse Ives, H. H. Patterson and Chas. C. Bodenstab, for appellee.

Mr. Justice Johnston

delivered the opinion of the court.