First District.

#### Stanley D. Tilney, appellee, v. Village of LaGrange Park et al., appellants.

Gen. No. 39,676.

Heard in the second division of this court for the first district at the October term, 1937.

Opinion filed October 18, 1938.

Rehearing denied November 1, 1938.

Stevens & Carrier, for appellants; George M. Stevens and George M. Stevens, Jr., of counsel. Weightstill Woods, for appellee.

Mr. Presiding Justice Friend

delivered the opinion of the court.