#### Michigan Central Railroad Company, appellee, v. Peoria & Pekin Union Railway Company, appellant, and Harry I. Battles, receiver, operating Peoria Railway Terminal Company, defendant.

Gen. No. 7,817.

Heard in this court at the October term, 1927. Reversed and remanded.

Opinion filed January 23, 1928.

Rehearing denied and opinion slightly modified March 2, 1928.

Barnes, Magoon & Horton, for appellant. Quinn & Quinn, for appellee.

Frank T. Miller and Bruce E. Dwinell, for receiver.

Mr. Justice Boggs

delivered the opinion of the court.