Third District.

#### Jess Sheets, as administrator of the estate of Walter F. McWade, deceased, appellee, v. Chicago and Eastern Illinois Railway Company, appellant.

Gen. No. 8,752.

Opinion filed October 13, 1933.

Rehearing denied and opinion modified January 5, 1934.

Acton, Acton & Baldwin, for appellant; K. L. Richmond and W. M. Acton, of counsel. Graham & Dysert, for appellee.

Mr. Presiding Justice Niehaus

delivered the opinion of the court.