#### Clarence F. Spence, a minor, by Frank R. Spence, his father and next friend, appellee, v. George C. Moser, appellant.

Gen. No. 8,473.

Heard in this court at the October term, 1930.

Opinion filed January 26, 1931.

Oscar J. Putting, for appellant. Doyle, Sampson & Giffin, for appellee; C. Terry Lindner and A. F. Newkirk, of counsel.

Mr. Justice "Eldredge

delivered the opinion of the court.