#### Frank J. Smithie, appellee, v. Mack-International Motor Truck Corporation, appellant.

Gen. No. 29,262.

Action for use of plaintiff's truck and for damages thereto. Judgment for plaintiff; Appeal from the Municipal Court of Chicago; the Hon. Joel C. Pitch, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.

Reversed and remanded.

Opinion filed April 29, 1925.

Adams, Follansbee, Hawley & Shorey, for appellant; Clyde E.

Shorey and Fred Barth, of counsel. Marshall E. Gallion, for appellee.

Mr. Presiding Justice 0 ’Connor

delivered the opinion of the court.