#### Richard Wagner Jr., minor by Richard Wagner Sr., his father and next friend, appellee, v. Guy Macelli and William N. Erickson. Appeal of William N. Erickson, appellant.

Gen. No. 39,975.

Heard in the third division of this court for the first district at the February term, 1938:

Opinion filed October 26, 1938.

Andreen, Winstin & Mead, for appellant; Charles W. Mead and Gustav Andreen, Jr., of counsel. Norman Peters and Leo G. Hanna, for appellee.

Mr. Presiding Justice Hall

delivered the opinion of the court.