#### St. Paul-Mercury Indemnity Company of Saint Paul, Appellee, v. James F. Hoey, Defendant Below. C. J. Hoffman, Trading as Chicago-Kansas City Freight Lines, Appellant.

Gen. No. 43,054.

Heard in the second division, first district, this court at the April term, 1944;

opinion filed April 19, 1945;

released for publication May 2, 1945.

Laurence B. Jacobs and Marcellus W. Meek, for appellant;

Goldman, Allshouse & Healy, for appellee; Robert G. Dreffein, of counsel.

Opinion by

Justice Friend.

Hot to be published in full.