#### William E. Emmick, Appellee, v. Baltimore and Ohio Railroad Company and Girton Brothers, Inc., Defendants. Appeal of Baltimore and Ohio Railroad Company, Appellant.

Gen. No. 44,653.

Bawlins & Wright, and E. W. Lademanñ, for appellant; Fay Warren Johnson, of counsel;

Boyal W. Irwin, for appellee.

Opinion filed November 21, 1949;

released for publication December 2, 1949.

Opinion by Not to be published in full.

Justice Feinberg.