David B. Maloney, Appellee, v. City of Des Plaines, Appellant.

Gen. No. 40,723.

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

opinion filed January 22, 1940;

rehearing denied February 5, 1940.

Kenneth G. Meyer, for appellant; George P. Foster, for appellee.

Opinion by

Justice O’Connor.

“Not to be published in full.”