#### James F. Small, administrator of the estate of Patricia M. Small, deceased, appellant, v. William H. Stolte, appellee.

Gen. No. 30,639.

Death by wrongful act. Judgment for defendant. Appeal from the City Court of Chicago Heights; the Hon. Lee W. Carrier, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.

Affirmed.

Taylor, P. J., dissents.

Opinion filed June 23, 1926.

Rehearing denied July 12, 1926.

Joseph D. Ryan and Craig A. Hood, for appellant; Joseph D. Ryan and Edmund M. Sinnott, of counsel.

Kirkland, Patterson & Fleming, for appellee; Weymouth Kirkland, Jay Fred Reeve and William H. Symmes, of counsel.

Mr. Justice Thomson

delivered the opinion of the court.