People of the State of Illinois for use of Harry D. Tindall, administrator of estate of Nathan C. File, deceased, appellee, v. London and Lancashire Indemnity Company of America, appellant.

Opinion filed March 9, 1938.

Rehearing denied March 27, 1938.

Loyd M. Bradley, for appellant. Orwin H. Pugh, for appellee.

Mr. Justice Murphy

delivered the opinion of the court.