#### Lawrence E. Hill, Appellee, v. A. A. Sprague, Receiver for Chicago North Shore and Milwaukee Railroad Company, Appellant.

Gen. No. 40,719.

O'Connor, J., dissenting.

Heard in first division, first district, at June term, 1939;

opinion filed January 22, 1940;

rehearing denied February 5, 1940.

Gardner, Foote, Morrow & Merrick, for appellant; Walter M. Fowler and Robert L. Elliott, Jr., of counsel; Rohde, Epstein & Steinberg, for appel-lee; Abraham Miller, of counsel.

Opinion by

Fresiding Justice Matchett.

“Not to be published in fuU.”