#### Thomas Cusack Company, appellee, v. Austin Construction Company, appellant.

Gen. No. 30,903.

Action for negligent injury to property. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Edgar A. Jonas, Judge, presiding. Heard in the third division of this court for the first district at' the" March term, 1926.

Reversed with a finding of fact.

Opinion filed October 13, 1926.

Abraham Lepine, for appellant; George C. Bliss, of counsel. Hummer, Buckley & Hummer, for appellee; Orville W. Lee, of counsel.

Mr. Presiding Justice Taylor

delivered the opinion of the court.