#### Gregory T. Van Meter, administrator of the estate of Hans Nielsen, deceased, appellee, v. S. H. Serwatt et al., on appeal of Flag Peterson, appellant.

Gen. No. 30,421.

Action for wrongful death. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Harry MeEwen, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.

Beversed and remanded.

Opinion filed March 10, 1926.

J. Kentner Elliott, for appellant. John J. Sonsteby and Joseph O. McKiernan, for appellee.

Mr. Justice O’Connor

delivered the opinion of the court.