#### Edwin J. Roos, appellee, v. Wisconsin Lime & Cement Company and Freeman Landon, trading as Landon Cartage Company, on appeal of Freeman Landon, appellant.

Gen. No. 31,810.

Heard in the third division of this court for the district at the April term, 1927.

Opinion filed December 21, 1927.

Rehearing denied January 6, 1928.

E. J. Callahan, for appellant; Bred W. Bentley, of counsel.

Harvey E. Wynekoop and Charles C. Spencer, for appellee.

Mr. Justice Wilson

delivered the opinion of the court.