#### Moses Fleet, appellant, v. Illinois Central Railroad Company, appellee.

Gen. No. 7,416.

Action for personal injuries sustained in cutting railroad rail. Judgment for defendant. Appeal from the Circuit Court of Kankakee county; the Hon. Arthur W. De Seim, Judge, presiding. Heard in this court at the October term, 1924.

Reversed and remanded.

Opinion filed July 14, 1925.

Rehearing denied October 6, 1925.

Frank J. Burns and James T. Burns, for appellant.

W. R. Hunter and Eva L. Minor, for appellee; John G. Drennan, of counsel.

Mr. Justice Jett

delivered the opinion of the court.