#### Fred Buttrick, appellee, v. Yellow Cab Company, appellant.

Gen. No. 31,577.

*627Heard in the third division of this court for the first district at the October term, 1926.

Taylor, P. J., dissents.

Opinion filed January 18, 1928.

Rehearing denied January 30, 1928.

Samuels, Costello & Greenberg and Rose & Symmes, for appellant.

James E. McShane and Joseph F. Elward, for appellee.

Mr. Justice Wilson

delivered the opinion of the court.