First District.

#### Richard. R. Churchill, administrator of the estate of Roy W. Brown, deceased, appellee, v. Elgin, Joliet & Eastern Railway Company, appellant.

Gen. No. 34,071.

Heard in the second division of this court for the first district at the February term, 1930.

Opinion filed October 14, 1930.

Knapp, Beye, Allen, Cochran & Cushing, for appellant; Joseph L. Earlywine and Paul R. Conaghan, of counsel. H. H. Patterson, for appellee; E. C. Maurer, of counsel.

Mr. Presiding Justice Scanlan

delivered the opinion of the court.