#### Ellsworth Funk, Appellee, v. Illinois Central Railroad Company, Appellant.

Gen. No. 45,015.

*252Heard in the first division, first district, this court at the October term, 1949.

John W. Freels, Herbert J. Deany and Fulmer Long, for appellant;

Vernon W. Foster and Charles A. Helsell, of counsel;

Leo M. Tarpey, for appellee.

Opinion filed June 5, 1950

released for publication June 26, 1950.

Opinion by

Justice Niemeyer.

Not to be published in full.