#### Frances Prihodski, administratrix of estate of Felix Gurrister, deceased, appellee, v. Atchison, Topeka and Santa Fe Railway Company, appellant.

Gen. No. 38,971.

Heard in the second division of this court for the first district at the October term, 1936.

Opinion filed October 19, 1937.

Rehearing denied November 2, 1937.

Emmet Trainor and F. W. Miller, for appellant; Charles H. Woods, of counsel. Charles E. Carpenter, for appellee; John C. Melaniphy, of counsel.

Mr. Justice Scanlan

delivered the opinion of the court.