John Duffner, appellee, v. Cleveland, Cincinnati, Chicago & St. Louis Railway Company, appellant.

Heard in this court at the October term, 1926.

Opinion filed February 19, 1927.

D. E. Keefe, for appellant; H, N. Quigley and S. W. Baxter, of counsel. Bandy & Forth, for appellee.

Mr, Justice Boggs

delivered the opinion of the court.