#### Carl H. Burckhardt, Appellee, v. Elgin, Joliet and Eastern Railway Company, Appellant.

Gen. No. 42,855.

O’Connor, P. J., specially concurring.

Heard in the first division, first district, this court at the October term, 1943;

opinion filed February 28, 1944.

Knapp, Cushing, Hershberger & Stevenson, for appellant; Harlan L. Hackbert, of counsel; William Wallace McCallum, Marion J. Hannigan and Wendell H. Shanner, for appellee.

Opinion by

Justice Niemeyer.

Not to be published in full.