#### The Tribune Company, appellee, v. Emery Motor Livery Company, appellant.

Gen. No. 31,030.

Action by employer under Workmen’s Compensation Law for payment made injured employee, against third party causing injury. Judgment for defendant. Appeal from the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.

Reversed and remanded with directions.

Opinion filed December 29, 1926.

George A. Schneider, for appellant. Charles E. Green, Anson H. Brown and Lawrence A. Rice, for appellee.

Mr. Presiding Justice Taylor

delivered the opinion of the court.