#### Elizabeth Kaphen, administratrix of the estate of Orla W. Kaphen, deceased, appellee, v. Minneapolis, St. Paul & Sault Ste. Marie Railway Company and Nicholas Moreth. Minneapolis, St. Paul & Sault Ste. Marie Railway Company, appellant.

Gen. No. 29,230.

Action to recover damages for wrongful death. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Harry 0. Stuttle, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1924.

Affirmed.

Opinion filed January 26, 1925.

Rehearing denied February 9, 1925.

H. S. Mitchell, John L. Erdall and John E. Palmer, for appellant j John L. Melnerney, of counsel. George C. Bliss, for appellee.

Mr. Justice Matehett

delivered the opinion of the court.