Third District.

#### Willis McGrew, defendant in error, v. William W. Wheelock and William G. Bierd, receivers of Chicago & Alton Railroad Company, plaintiffs in error.

Gen. No. 7,778.

Action for personal' injuries sustained in collision with train. Judgment for plaintiff. Error to the Circuit Court of Sangamon county; the Hon. E. S. Smith, Judge, presiding. Heard in this court at the October term, 1924. Opinion modified and refiled April 7, 1925.

Reversed with finding of fact.

Opinion filed December 31, 1924.

Rehearing denied June 17, 1925.

William L. Patton and Silas H. Strawn, for plaintiffs in error.

Pain & Baker and L. E. Stone, for defendant in error; L. E. Stone, of counsel.

Mr. Presiding Justice

Shurtleff delivered the opinion of the court.