#### William B. Bird, Appellee, v. Frank O. Lowden et al., Trustees of Chicago Rock Island and Pacific Railway Company, Appellants.

Gen. No. 41,085.

opinion filed March 11, 1941;

rehearing denied March 27, 1941.

Harry E. Boe and Daniel Taylor, for appellants; Milton Y. Thompson, of counsel; H. A. Earnhardt, for appellee.

Opinion by

Justice! John J. Sullivan.

“Hot to be published in full.” .