#### Ed Ridgway, Administrator of Estate of William Ridgway, Deceased, Appellee, v. Illinois Central Railroad Company, Appellant.

*225Heard in this court at May term, 1939;

original opinion filed November 8, 1939;

modified opinion filed and rehearing denied January 22, 1940.

Kramer, Campbell, Costello & Wiechert, for appellant; E. C. Craig, V. W. Foster and Charles A. Helsell, of counsel; A. D. Morgan and Baker, Lesemann, Kagy & Wagner, for appellee.

Opinion by

Justice Dady.

“Not to be published in full.”