Richard J. Ward, appellee, v. Elgin, Joliet & Eastern Railway Company, appellant.

Gen. No. 34,247.

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

Opinion filed January 27, 1931.

Rehearing denied February 7, 1931.

Knapp, Beye, Allen, Cochran & Cushing, for appellant; Joseph L. Earlywine and Paul R. Conaghan, of counsel. Murphy 0. Tate and Schroeder & Metzger, for appellee; Werner W. Sehroeder, of counsel.

Mr. Justice Gridley

delivered the opinion of the court.