text:
    Ethel N. Morse, appellant, v. Walter H. Morse et al., defendants. Edward J. Stevens and Union Trust Company, appellees.
    Gen. No. 31,071.
    Bill to charge husband’s income from spendthrift trust with alimony for wife and child under foreign decree. Dismissed on demurrer. Appeal from the Circuit Court of Cook county; the Hon. Hugo M. Friend, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 21, 1926.
    Richard S. Folsom, for appellant. B. F. Langworthy and James McKeag, for appellees; James McKeag, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


source: Caselaw Access Project

author: Mr. Justice Barnes

license: Public Domain

text:
    Doughnut Machine Corporation, appellee, v. John Raklios Company, appellant.
    Gen. No. 31,089.
    Action to recover price of machine delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Theodore F. Ehler, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed December 21, 1926.
    Rose & Symmes, for appellant. Lyons & Sherrard, for appellee; Edward J. Lyons and Arthur A. Sherrard, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Steve Tellios, appellee, v. Peter Fiffles, appellant.
    Gen. No. 31,110.
    Suit on promissory notes. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 21, 1926.
    Rehearing denied January 4, 1927.
    Webster, Holmes & Holmgren, for appellant; Daniel Webster and Grover E. Holmes, of counsel. Richard Hill, Jr., for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


author: Mr. Justice Fitch

text:
    United Boiler Heating & Foundry Company, appellee, v. Ackerman-Quigley Printing Company, appellant.
    Gen. No. 30,403.
    Action to recover on check on which drawer stopped payment. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 21, 1926.
    Bartel, Kirk & McCormick, for appellant; Howard H. McCormick, of counsel. Knapp & Campbell, John R. Cochran, L. M. Martin and William J. Whinéry, for appellee.
   Mr. Justice Fitch

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Andrew Russel, auditor of public accounts, v. Michigan Avenue Trust Company et al. In re intervening petition of Western Motor Car Company, appellant, v. John W. O'Leary, receiver of Michigan Avenue Trust Company, appellee.
    Gen. No. 30,770.
    Petition of intervention in receivership to recover deposits made in bank afterwards insolvent. Dismissed for want of equity. Appeal from the Circuit Court of Cook county; the Hon. Oscar M. Torrison, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.
    Reversed and remanded with directions.
    Opinion filed December 21, 1926.
    Lewis, Adler, Lederer & Kahn, for appellant. Defrees, Buckingham & Eaton, for appellee; Mathew Mills and Tracy Wilson Buckingham, of counsel.
   Mr. Justice Fitch

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Joseph Lamoreaux, defendant in error, v. City of Chicago et al., plaintiffs in error.
    Gen. No. 30,810.
    Petition for mandamus to require city officials to sign warrants to pay relator’s judgment or levy tax therefor. Order that writ issue. Error to the Superior Court of Cook county; the Hon. Worth E. Caylor, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed December 21, 1926.
    Francis X. Busch, Corporation Counsel, for plaintiffs in error; Leon Hornstein and James I. McCarthy, Assistant Corporation Counsel, of counsel. A. A. Worsley, for defendant in error.
   Mr. Justice Fitch

delivered the opinion of the court.


text:
    Rubena Shaw, also known as Rubena Bautsch, appellant, v. The Prudential Insurance Company of America, appellee.
    Gen. No. 30,925.
    Suit on life insurance policy. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Arnold Heap, Judge,, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed December 21, 1926.
    Soelke, Koehn So Lewi, for appellant. Hoyne, O’Connor & Rubinkam, for appellee.
   Mr. Justice Fitch

delivered the opinion of the court.


text:
    Helen Keith Herbold, appellee, v. Oline Mou, trading as John Mou, also Mou's Motor Transfer Company, et al., on appeal of Henry Rabe, appellant.
    Gen. No. 31,002.
    Action for personal injuries from automobile. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. David M. Brothers, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed December 21, 1926.
    Harold O. Mulks, for appellant. Henry A. Gano and Leesman So Roemer, for appellee.
   Mr. Justice Fitch

delivered the opinion of the court.


text:
    H. C. Lust, appellee, v. The Western Union Telegraph Company, appellant.
    Gen. No. 31,035.
    Suit for damages from breach of contract. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Lawrence B. Jacobs, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Reversed and judgment here.
    Opinion filed December 21, 1926.
    West So Eekhart, for appellant. No appearance for appellee.
   Mr. Justice Fitch

delivered the opinion of the court.


text:
    G. A. Schillinger, appellee, v. The North American Oil & Manufacturing Company, appellant.
    Gen. No. 31,045.
    Suit for rent due and attorney fees. Judgment for plaintiff on directed verdict. Appeal from the Municipal Court of Chicago; the Hon. Asa G. Adams, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed December 21, 1926.
    Rehearing denied January 4, 1927.
    Jacob G. Grossberg and Julius L. Kabaker, for appellant. John Voight and Walter H. Shurtleff, for appellee.
   Mr. Justice Fitch

delivered the opinion of the court.


text:
    Ethel Levy, appellant, v. A. E. Pohl, appellee.
    Gen. No. 31,055.
    Suit to recover unpaid rent. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon R. R. Fowler, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 21, 1926.
    Nathan Shfefner, for appellant. James H. McFarland, for appellee.
   Mr. Justice Fitch

delivered the opinion of the court.


text:
    Thomas F. Cronin, appellee, v. Nicholas R. Finn et al., appellants.
    Gen. No. 31,064.
    Petition that respondents be ruled in contempt of certiorari order expunging policeman’s dismissal. Order committing respondents. Appeal from the Superior Court of Cook county; the Hon. Joseph E. David, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Reversed.
    Opinion filed December 21, 1926.
    Francis X. Busch, Corporation Counsel, and Francis J. Vurpillat, Assistant Corporation Counsel, for appellants. Morris K. Levinson, for appellee.
   Mr. Justice Fitch

delivered the opinion of the court.


text:
    Thomas F. Cronin, appellee, v. The Civil Service Commissioners of the City of Chicago et al., appellants.
    Gen. No. 31,065.
    Certiorari to review proceedings of civil service commissioners discharging petitioner from police force. Record quashed. Appeal from the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Reversed.
    Opinion filed December 21, 1926.
    Francis X. Busch, Corporation Counsel, and Francis J. Vurpillat, Assistant Corporation Counsel, for appellants. David T. Alexander, for appellee; Morris K. Levinson, of counsel.
   Mr. Justice Fitch

delivered the opinion of the court.


text:
    Joseph Gaudietz, appellee, v. Ignatius J. Bulger, appellant.
    Gen. No. 31,074.
    Action for balance due on building contract. Judgment for plaintiff on directed verdict.. Appeal from the Municipal Court of Chicago; the Hon. Asa G. Adams, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed December 21, 1926.
    Castle, Williams, Long & Castle, for appellant. John A. Blake, for appellee.
   Mr. Justice Fitch

delivered the opinion of the court.


text:
    Thomas E. Patterson, appellant, v. Nicholas R. Finn et al., appellees.
    Gen. No. 31,095.
    Certiorari to review proceedings of civil service commission causing patrolman’s discharge. Writ to bring up record quashed. Appeal from the Circuit Court of Cook county; the Hon. George Fred Rush, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 21, 1926.
    Rehearing denied January 4, 1927.
    R. E. Blackwood, for appellant. Francis X. Busch, Corporation Counsel, and Francis J. Vurpillat, Assistant Corporation Counsel, for appellees.
   Mr. Justice Fitch

delivered the opinion of the court.


text:
    M. A. Feehan, trading as Gorman Shoe Company, appellee, v. The Grossman Shoe Company, appellant.
    Gen. No. 31,104.
    Action for contract price, of goods sold and delivered and damages for refusing contract remainder. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Daniel P. Trude, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 21, 1926.
    Rehearing denied January 4, 1927.
    Leo S. LeBosky, for appellant; Newman A. DuMont, of counsel. Culver, Andrews & King, for appellee; James B. MeKeon, of counsel.
   Mr. Justice Fitch

delivered the opinion of the court.


author: Mr. Justice Johnston

text:
    Jacob Frank, appellant, v. Thomas T. Hoskins Company, appellee.
    Gen. No. 29,535.
    Action on promissory notes. Appeal by plaintiff from judgment for him on part of his claim. Same case see 238 111. App. 621 (abstract), reversed in 323 111. 46. Appeal from the Municipal Court of Chicago; the Hon Charles F. McKinley, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Reversed with finding of facts and judgment here.
    Opinion filed December 27, 1926.
    Lawrence E. Dowd, for appellant. Sin den & Hassell, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


author: Mr. Presiding Justice Taylor

text:
    Albert Pick & Company, appellee, v. Reltig Building Corporation, appellant.
    Gen. No. 30,948.
    Replevin for return of personalty. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Philip J. Finnegan, Judge, presiding. Heard in the third division of this court for the first district at the April term, 1926.
    Affirmed.
    Opinion filed December 29, 1926.
    Rehearing denied January 12, 1926.
    _ Kaplan & Kaplan, for appellant. Mayer, Meyer, Austrian & Platt, for appellee; Burrell J. Cramer, of counsel.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    George J. Cooke Company, appellant, v. Schreiber Brothers Company and Bert Schreiber, appellees.
    Gen. No. 30,960.
    ■Suit on promissory notes. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    _ Opinion filed December 29, 1926.
    Rehearing denied January 12, 1927.
    Brown, Brown & Brown, for appellant. Lewis, Adler, Kahn, for appellees.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    H. M. Lubliner et al., on appeal of Erie Amusement Company, appellant, v. Frank R. Gaston, appellee.
    Gen. No. 30,981.
    Forcible detainer. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. John F. Haas, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Reversed and remanded with directions.
    Opinion filed December 29, 1926.
    Hall, Spitz & Rooks, for H. M. Lubliner and Joseph Trinz; Edward Blackman, of counsel. No appearance for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Joseph S. Marrone, appellee, v. Chicago & West Towns Railway Company, appellant.
    Gen. No. 30,990.
    Action for personal injuries from street car running into plaintiff’s automobile. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. John A. Swanson, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 29, 1926.
    Willard M. MeEwen and Berthold L. Goldberg, for appellant. Charles C. Spencer and Louis Zimmerman, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    The Tribune Company, appellee, v. Emery Motor Livery Company, appellant.
    Gen. No. 31,030.
    Action by employer under Workmen’s Compensation Law for payment made injured employee, against third party causing injury. Judgment for defendant. Appeal from the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Reversed and remanded with directions.
    Opinion filed December 29, 1926.
    George A. Schneider, for appellant. Charles E. Green, Anson H. Brown and Lawrence A. Rice, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


author: Mr. Justice O’Connor

text:
    The People of the State of Illinois, defendant in error, v. Charles W. Gillett, plaintiff in error.
    Gen. No. 30,830.
    Prosecution for sale of securities without complying with Blue Sky Law. Judgment of conviction. See 243 111. App. 41. Error to the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed December 29, 1926.
    Brundage, Landon, Holt & Boord and William Friedman, for plaintiff in error; Floyd E. Britton, of counsel. Robert E. Crowe, State’s Attorney, for defendant in error; Edward H. Taylor, Edward E. Wilson and Mortimer C. Grover, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the*court.


text:
    Charles Coon et al., appellants, v. Morris G. Levinson et al., defendants. Meyer Shapiro and Rose Shapiro, appellees.
    Gen. No. 30,876.
    Bill to foreclose trust deed. Dismissed and deed and note ordered canceled on payment of debt as tendered. Appeal from the Circuit Court of Cook county; the Hon. Hugo M. Friend, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Reversed and remanded with directions.
    Opinion filed December 29, 1926.
    Rehearing denied January 12, 1927.
    Stephen A. Cross, for appellants. Levisohn & Levisohn, for appellees.
   Mr. Justice O’Connor

delivered the opinion of the court.


author: Mr, Justice O’Connor

text:
    Lovera Cotton Mills, Inc., appellant, v. American Insulated Wire & Cable Company, appellee.
    Gen. No. 30,929.
    Suit for balance due on goods sold and delivered. Judgment for defendant on counterclaim. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Taylor, P. J., dissents.
    Opinion filed December 29, 1926.
    Rehearing denied January 12, 1927.
    William R. Brown, Clifford G. Roe and Donald P. Vail, for appellant. Morton A. Mergentheim, for appellee; Thomas S. Fitzgerald, of counsel.
   Mr, Justice O’Connor

delivered the opinion of the court.


text:
    Madeline McCormick, appellee, v. James M. McCormick, appellant.
    Gen. No. 31,037.
    Order requiring defendant to pay attorney fees and court costs caused complainant by his appeal from alimony award. See. 243 111. App. 55. Appeal from the Superior Court of Cook county; the Hon. Joseph Sabath, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 29, 1926.
    Rehearing denied January 12, 1927.
    Edwin D. Lawlor, for appellant. Lee E. Daniels, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


author: Mr. Justice O'Connor

text:
    Carlson Fuel and Supply Company, appellant, v. James L. Munger and James T. Munger, appellees.
    Gen. No. 31,039.
    Action on promissory note. Dismissed and former judgment on confession set aside. Appeal from the Superior Court of Cook county; the Hon. John J. Sullivan, Judge, presiding. Heard the third division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed December 29, 1926.
    Harry H. Felgar, for appellant. Sinden & Hassell, for appellees.
   Mr. Justice O'Connor

delivered the opinion of the court.


text:
    Edward A. Bowen, appellee, v. Louis Friedman, appellant.
    Gen. No. 31,069.
    Action of attachment for realty broker’s commission. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John H. Lyle, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Reversed and re-, manded.
    Opinion filed December 29, 1926.
    James J. Glassner, for appellant. Robert T. Terry, for appellee.
   Mr, Justice O’Connor

delivered the opinion of the court.


text:
    M. A. Simon, appellee, v. Robert Bollei and Edward Sisson, trading as Bollei & Sisson, appellants.
    Gen. No. 31,096.
    Suit for realty broker’s commission. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Frank M. Padden, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Reversed with a finding of fact and judgment entered in this court.
    Opinion filed December 29, 1926.
    M. D. Dolan, for appellants. Perlman, Goodman & Scolnik, for appellee; Avern B. Scolnik, of counsel.
   Mr, Justice O’Connor

delivered the opinion of the court.


text:
    George Aspis, appellee, v. Alfred Polenzani, appellant.
    Gen. No. 31,105.
    Suit for personal injuries from automobile. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Charles A. Williams, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 29, 1926.
    Cassels, Potter & Bentley, for appellant; Ralph F. Potter and Kenneth B. Hawkins, of counsel. Moloney & Postelnek, for appellee; Peter Postelnek, of counsel.
   Mr, Justice O’Connor

delivered the opinion of the court.


author: Mr. Justice Thomson

text:
    The Radiophone Broadcasting Corporation, appellant, v. Bowles Live Stock Commission Company et al., appellees.
    Gen. No. 30,901.
    Bill to enjoin breach of radio broadcasting contract and interference therewith by third party. Dismissed, but temporary injunction pending appeal. Appeal from the Circuit Court of Cook county; the Hon. Francis S. Wilson, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 29, 1926.
    Rehearing denied January 12, 1927.
    Edwin L. Weisl and Elmer M. Leesman, for appellant. Sims, Welch, Godman & Stransky, for appellees.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    James Ceranski, appellee, v. John Josefik, appellant.
    Gen. No. 30,966.
    Action for personal injuries from automobile. Judgment for plaintiff. Appeal, from the Superior Court of Cook county; the Hon. William J. Lindsay, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 29, 1926.
    Rehearing denied January 12, 1927.
    Rankin & Lustfield, for appellant; Ode L. Rankin, of counsel. So for C. of counsel.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Stanley V. Atlas, appellee, v. Polish Progressive Press Company, appellant.
    Gen. Nos. 30,999 and 31,000.
    Suit to recover rent on oral lease. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 29, 1926.
    Rehearing denied January 12, 1927.
    Carl Strover, for appellant. Charles P. Molthrop and Alex M. Smietanka, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    West Central State Bank, appellant, v. United States Fidelity & Guaranty Company, appellee.
    Gen. No. 31,052.
    Action to recover bank burglary insurance. Judgment for defendant on' directed verdict. Appeal from the Circuit Court of Cook county; the. Hon. Philip L. Sullivan, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 29, 1926.
    Kirkland, Patterson & Fleming, for appellant; Jay Fred Reeve and Vernon M. Welsh, of counsel. Murphy 0. Tate, for appellee; Eugene P. Kealy, of counsel.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Frank Becker, appellee, v. Louis Gottlieb, appellant.
    Gen No. 31,081.
    Action for goods sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 29, 1926.
    G. A. Buresh, for appellant. Lester L. Bauer, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Frank J. Douglass, appellee, v. Chicago Motor Coach Company, appellant.
    Gen. No. 31,090.
    Action for personal injuries from automobile collision. Judgment for plaintiff. Appeal from the Superior Court' of Cook county; the Hon. Timothy D. Hurley, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 29, 1926.
    Rehearing denied January 12, 1927.
    Samuels, Costello & Greenberg and Rose <& Symmes, for appellant. Alfred Roy Hulbert, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


author: Mr, Presiding Justice Gridley

text:
    Richard C. Mazer, plaintiff in error, v. James H. Dalbey et al., defendants in error.
    Gen. No. 30,375.
    Action to recover amount paid, for stock issued contrary to Securities Law. Judgment for all defendants on demurrer by part. Error to the Superior Court of Cook county; the Hon. John J. Sullivan, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed in part and reversed in part and remanded.
    Opinion filed February 1, 1927.
    Fassett, Abbott & Hughes, for plaintiff in error; John E. Hughes and Delavan B. Cole, of counsel. Castle, Williams, Long & Castle, for Mary A. Landon, defendant in error.
   Mr, Presiding Justice Gridley

delivered the opinion of the court.


author: Mr. Presiding Justice Gridley

text:
    Fred Leiser, appellee, v. Charles Baltz, appellant.
    Gen. No. 30,792.
    Bill for accounting. Decree that cause be referred to a master for a full accounting. Defendant appeals. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed February 1, 1927.
    McCormick, Kirkland, Patterson and Fleming, for- appellant; Weymouth- Kirkland, Allan W. Cook, Joseph H. Pleek, of counsel. Rupert Barry, for appellee; Jerome J. Crowley and George C. Potts, of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Mike Carras, plaintiff in error.
    Gen. No. 31,154.
    Conviction and sentence for keeping house of ill fame. Error to the Municipal Court of Chicago; the Hon. Max Luster, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed February 1, 1927.
    Thomas A. Green, for plaintiff in error. Robert E. Crowe, State’s Attorney, Edward E. Wilson and Clarence E. Nelson, Assistant State’s Attorneys, for defendant in error.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Sarah Espinosa, plaintiff in error.
    Gen. No. 31,155.
    Conviction and sentence for being inmate of house of ill fame. Error to the Municipal Court of Chicago; the Hon. Max Luster, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed February 1, 1927.
    Thomas Green, for plaintiff in error. Robert' E. Crowe, State’s Attorney, Edward E. Wilson and Clarence E. Nelson, Assistant State’s Attorneys, for defendant in error.
   Mr. Presiding Justice Gridley

"delivered the opinion of the court.


text:
    Essie Weil, appellee, v. Thompson-Starrett Company, appellant.
    Gen. No. 31,179.
    Action for personal injuries from defective steps. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Harry Higbee, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed February 1, 1927.
    Carpenter & Grant, for appellant. Forest Garfield Smith, for appellee.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    L. J. Lesser, appellee, v. Yellow Cab Company, appellant.
    Gen. No. 31,193.
    Action for damage to automobile by collision with taxicab. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. I-Iarry F. Hamlin, Judge, presiding. Heard in the-second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed February, 1, 1927.
    Samuels, Costello & Greenberg, for appellant; David H. Greenberg, Edward Wolfe and Man del Elman, of counsel. Murphy 0. Tate, for appellee; Leo M. Tarpey, of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Laura M. Carey, appellee, v. National University of Music, Inc., appellant.
    Gen. No. 31,226.
    Forcible detainer. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Alfar M. Eberhardt, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed February 1, 1927.
    Rehearing denied February 14, 1927.
    Wendell E. Green, for appellant. Hopkins, Starr & Hopkins, for appellee.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Caravetta, Sheehan Company, Inc., plaintiff in error, v. Santo Garofalo and Joseph R. Garofalo, trading as Garofalo Brothers, defendants in error.
    Gen. No. 31,237.
    Suit for goods sold and delivered. Writ of error by plaintiff from judgment for him after allowing defendant’s set-off. Error to the Municipal Court of Chicago; the Hon. Asa G. Adams, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and judgment here in favor of plaintiff for $145.
    Opinion filed February 1, 1927.
    Culver, Andrews & King, for plaintiff in error; James B. McKeon, ' of counsel. Vito B. Cuttone and James H. Mahoney, for defendants in error; Robert B. Ardell, of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Roy Gorney, plaintiff in error.
    Gen. No. 31,115.
    Prosecution for nonsupport of wife. Conviction and sentence. Error to the Municipal Court of .Chicago; the Hon. Herbert G. Immenhausen, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed February 1, 1927.
    Frank T. McDermott and Frank A. Ramsey, for plaintiff in error. Robert E. Crowe, State’s Attorney, Edward E. Wilson and Clarence E. Nelson, Assistant State’s Attorneys, for defendant in error.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Haig O. Cartozian and Barton Haig Cartozian, plaintiffs in error.
    Gen. No. 31,125.
    Conviction of conspiracy to obtain money by false pretenses. Error to the Criminal Court of Cook county; the Hon. George Fred Rush, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed February 1, 1927.
    Benjamin C. Baehraeh, for plaintiffs in error. Robert E. Crowe, State’s Attorney, for defendant in error; Henry T. Chace, Jr., Edward E. Wilson and Louis M. Blumentlial, Assistant State’s Attorneys, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    David Flyer, defendant in error, v. Nathan Zimmerman and Oscar Zimmerman, plaintiffs in error.
    Gen. No. 31,151.
    Action for damages for assault. Judgment for plaintiff. Error to the Superior Court of Cook county; the Hon. William J. Lindsay, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed February 1, 1927.
    Rosenberg & Zimmerman, for plaintiffs in error; H. J. Rosenberg, of counsel. Ho appearance for defendant in error.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Charles Allen, defendant in error, v. Edwin L. Coyle et al., plaintiffs in error.
    Gen. No. 31,184.
    Suit on acceptance of foreign bill of exchange. Judgment for plaintiff on directed verdict. Error to the Municipal Court of Chicago; the Hon. Joseph W. Schulman, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed February 1, 1927.
    C. Oscar Carlson, for plaintiffs in error. J. Kendall S. Mitchell, for defendant in error.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Gustave Riedl, plaintiff in error, v. Mack-International Motor Truck Corporation, defendant in error.
    Gen. No. 31,259.
    Suit to recover statutory penalty from chattel mortgagee for failing to furnish mortgagor required statement of mortgage sale. Judgment against plaintiff of nonsuit on the pleadings. Error to the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed February 1, 1927.
    William C. Greatman, for plaintiff in error. Freeman, Mason, Igoe & Flaherty, for defendant in error.
   Mr. Justice Barnes

delivered the opinion of the court.


author: Mr, Justice Fitch

text:
    H. L. Yung, defendant in error, v. Frances Riemann and Ernest Saunders, plaintiffs in error.
    Gen. No. 30,297.
    Action for contract price of carpenter work. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. William E. Viner, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.
    Reversed and remanded.
    Opinion filed February 1, 1927.
    Frank T. McDermott, for plaintiffs in error. Ho appearance for defendant in error.
   Mr, Justice Fitch

delivered the opinion of the court.


text:
    William J. Cleary, trading as William J. Cleary & Company, appellee, v. C. B. Laidlaw and Earl L. Gebott, trading as Chicago Cream Fried Cake Company, Plant No. 1, appellants.
    Gen. No. 31,083.
    Action to recover for work done as stenographer, money spent therefor and interest. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Howard W. Hayes, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed February 1, 1927.
    Charles J. Trainor and Thomas H. Riley, for appellants. Stebbins Garey, L’Amoreaux & Hurtubise, for appellee; J. E. Hurtubise and James Byrne, of counsel.
   Mr. Justice Fitch

delivered the opinion of the court,


text:
    William F. Bartz, plaintiff in error, v. Baldwin Piano Company, defendant in error.
    Gen. No. 31,128.
    Action in trespass in removing piano on replevin. Judgment for defendant. Error to the Superior Court of Cook county; the Hon. E. M. Mangan, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed February 1, 1927.
    Patrick T. Harrington, for plaintiff in error. Carpenter & Grant, for defendant in error.
   Mr. Justice Fitch

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. John Nolan, plaintiff in error.
    Gen. No. 31,132.
    Conviction for assault with deadly weapon with intent to inflict bodily injury. Error to the Criminal Court of Cook county; the Hon. George Fred Rush, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed February 1, 1927.
    Stewart & O’Brien, for plaintiff in error. Robert E. Crowe, State’s Attorney, Edward E. Wilson and Clarence E. Nelson, Assistant State’s Attorneys, for defendant in error.
   Mr. Justice Fitch

delivered the opinion of the court.


author: Mr. Presiding Justice Partlow

text:
    Second District.
    Mary E. Elias, appellee, v. Edward Baker, appellant.
    Gen. No. 7,640.
    Action to recover for assault. Judgment for plaintiff. Appeal from the Circuit Court of LaSalle county; the Hon. Joe A. Davis, Judge, presiding. Heard in this court at the April term, 1926.
    Affirmed.
    Opinion filed December 6, 1926.
    Rehearing denied January 10, 1927.
    Duncan & 0 ’Conor and Arthur H. Shay, for appellant; C. B. Chapman, of counsel. Kelly, Kelly & Kelly, A. E. Butters and Woodward, Hibbs & Pool, for appellee.
   Mr. Presiding Justice Partlow

delivered the opinion of the court.


text:
    John A. Dahlin, appellant, v. The Maytag Company, appellee.
    Gen. No. 7,649.
    Trespass on the case for breach of written contract. Judgment for plaintiff on part of claim, from which he appeals. Appeal from the Circuit Court of Winnebago county; the Hon. E. D. Reynolds, Judge, presiding. Heard in this court at the October term, 1926.
    Affirmed.
    Opinion filed December 6, 1926.
    Garrett, Maynard & Fell, for appellant. Knight & Mohr and Welsh & Welsh, for appellee.
   Mr. Presiding Justice Partlow

delivered the opinion of the court.


text:
    Anna F. Whitehurst, appellee, v. Theatres Operating Company, appellant.
    Gen. No. 7,697.
    Action to recover for personal injuries. Judgment for plaintiff. Appeal from the Circuit Court of Peoria county; the Hon. John M. Niehaus, Judge, presiding. Heard in this court at the October term, 1926.
    Affirmed.
    Opinion filed December 6, 1926.
    Henry Kneller, for appellant; George W. Hunt, of counsel. J. W. Templeman and Clarence W. Heyl, for appellee; Heyl & Heyl, of counsel.
   Mr. Presiding Justice Partlow

delivered the opinion of the court.


text:
    F. J. Miller, appellee, v. Christian Scheler and Loren Scheler, trading as Christian Scheler & Son, appellants.
    Gen. No. 7,710.
    Suit to recover wages. Judgment for plaintiff. Appeal from the City Court of Sterling; the Hon. I. L. Weaver, Judge, presiding. Heard in this court at the October term, 1926.
    Reversed and remanded.
    Opinion filed December 6, 1926.
    Jacob Cantlin and Lawrence L. Winn, for appellants. Van Sant & Beese, for appellee.
   Mr. Presiding Justice Partlow

delivered the opinion of the court.


text:
    M. A. Countryman, appellant, v. Farmers' Grain Company of Esmond, Illinois, appellee.
    Gen. No. 7,659.
    Trespass on the case to recover under landlord’s lien. Judgment for defendant. Appeal from the Circuit Court of De Kalb county; the Hon. William J. Fulton, Judge, presiding. Heard in this court at the April term, 1926.
    Reversed and remanded.
    Opinion filed December 8, 1926.
    Gardner & Gardner, for appellant. Smith & Brower, for appellee.
   Mr. Presiding Justice Partlow

delivered the opinion of the court.


text:
    First Trust & Savings Bank of Morris, Illinois, defendant in error, v. E. W. Walker et al. I. B. Walker, plaintiff in error.
    Gen. No. 7,555.
    Judgments by confession on notes. Error on denial of motions to vacate. Error to the Circuit Court of Grundy county; the Hon. S. C. Stough, Judge, presiding. Heard in this court at the April term, 1926.
    Reversed and remanded with directions.
    Opinion filed December 11, 1926.
    Rehearing denied February 24, 1927.
    J. W. Rausch and Allen T. Percy, for plaintiff in error. Hayes, Munts & Young, for defendant in error.
   Mr. Presiding Justice Partlow

delivered the opinion of the court.


text:
    Gustave Becker, appellant, v. F. E. Bess, appellee.
    Gen. No. 7,675.
    Suit for balance due on share farm lease. Judgment for plaintiff. Appeal from the Circuit Court of Whiteside county; the Hon. Neis A. Larson, Judge, presiding. Heard in this court at the October term, 1926.
    Affirmed.
    Opinion filed December 11, 1926.
    Harry H. Waite, for appellant; J. J. Ludens, for appellee.
   Mr. Presiding Justice Partlow

delivered the opinion of the court.


author: Mr. Justice Jett

text:
    Albert R. Newport, appellee, v. Bert C. Nicholson, appellant.
    Gen. No. 7,556.
    Action for damage to automobile from collision with traction engine. Judgment for plaintiff. Appeal from the Circuit Court of Grundy county; the Hon. G. 0. Dietz, Judge, presiding. Heard in this court at the April term, 1926.
    Affirmed.
    Opinion filed December 15, 1926.
    Rehearing denied February 24, 1927.
    J. W. Rausch, for appellant. Hayes, Munts & Young, for appellee.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    Leon D. Hofer, appellee, v. Chicago, Burlington & Quincy Railroad Company, appellant.
    Gen. No. 7,658.
    Suit for personal injuries at railroad farm crossing. Judgment for plaintiff. Appeal from the Circuit Court of Peoria county; the Hon. John M. Niehaus, Judge, presiding. Heard in this court at the April term, 1926.
    Reversed and remanded.
    Opinion filed December 15, 1926.
    J. A. Connell and Jack, Irwin & Jack, for appellant. McGrath, Stone & Daily, for appellee.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    City of Lockport, defendant in error, v. John D. Meenan, plaintiff in error.
    Gen. No. 7,680.
    Action to recover damages paid because of defendant’s negligence. Judgment for plaintiff. Error to the Circuit Court of Will county; the Hon. Frank L. Hooper, Judge, presiding. Heard in this court at the October term, 1926.
    Affirmed upon entry of remittitur, otherwise reversed and remanded.
    Opinion filed December 15, 1926.
    Leslie H. Whipp, for plaintiff in error. Paul E. Prutsman and Snapp, Heise & Snapp, for defendant in error.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. L. Britt et al., appellees, v. L. H. Wicks, appellant.
    Gen. No. 7,685.
    Petition for mandamus to compel school trustees to divide funds with detached district. Judgment directing division of funds. Appeal from the Circuit Court of Kendall county; the Hon. John K. Newhall, Judge, presiding. Heard in this court at the October term, 1926.
    Appeal dismissed.
    Opinion filed December 15, 1926.
    C. A. Darnell and L. B. Olmstead, for appellant. John M. Raymond, for appellees.
   Mr. Justice Jett

delivered the opinion of the court,


text:
    Edith Bontoft, appellee, v. Ernest E. Bontoft, appellant.
    Gen. No. 7,698.
    Bill for separate maintenance. Decree for complainant. Appeal from the Circuit Court of Winnebago county; the Hon. E. D. Reynolds, Heard in this court at the October term, 1926.
    Reversed and cause remanded.
    Opinion filed December 15, 1926.
    Fisher, North, Linscott & Gibboney, for appellant. Charles W. Eerguson, for appellee.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Bethel Robinson, plaintiff in error.
    Gen. No. 7,684.
    Prosecution for illegal possession of intoxicating liquor. Judgment of conviction. Error to the County Court of Bureau county; the .Hon. J. R. Prichard, Judge, presiding. Heard in this court at the October term, 192,6.
    Reversed and remanded with directions.
    Opinion filed December 23, 1926.
    Rehearing denied February 24, 1927.
    Tom W. Smurr, for plaintiff in error. Josef T. Skinner, State’s Attorney, for defendant in error.
   Mr. Presiding Justice Partlow

delivered the opinion of the court.


text:
    Walter B. Wells, appellee v. Edward Baker, appellant.
    Gen. No. 7,722.
    Action for personal injuries in automobile collision. Judgment for plaintiff. Appeal from the Circuit Court of LaSalle county; the Hon. Joe A. Davis, Judge, presiding. Heard in this court at the October term, 1926.
    Reversed and remanded.
    Opinion filed December 23, 1926.
    Arthur H. Shay, for appellant. Jones, Essington & Heflin and Butlers & Butlers, for appellee.
   Mr. Presiding Justice Partlow

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Lisetta Bird, appellee, v. Charles Tyler, Jr., appellant.
    Gen. No. 7,688.
    Bastardy proceeding. Judgment of filiation. Appeal from the County Court of Putnam county; the Hon. James E. Taylor, Judge, presiding. Heard in this court at the October term, 1926.
    Reversed and remanded.
    Opinion filed December 28, 1926.
    George W. Hunt, for appellant; Shelton F. McGrath, counsel. Harry K. Ward, State’s Attorney, for appellee.
   Mr. Presiding Justice Partlow

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. John Friedel, plaintiff in error.
    Gen. No. 7,691.
    Prosecution for illegal possession of intoxicating liquor. Judgment of conviction. Error to the County Court of Lake county; the Hon. Perry L. Persons, Judge, presiding. Heard in this court at the October term, 1926.
    Reversed and remanded.
    Opinion filed December 28, 1926.
    Runyard & Behanna, for plaintiff in error. Ashbel V. Smith, State’s Attorney, for defendant in error; Sidney H. Block, of counsel.
   Mr. Presiding Justice Partlow

delivered the opinion of the court.


text:
    Walter Haag, appellant, v. George Nimmo, appellee.
    Gen. No. 7,715.
    Action to recover damages from automobile collision. Judgment for defendant. Appeal from the Circuit Court of Livingston county; the Hon. Stevens R. Baker, Judge, presiding. Heard in this court at the October term, 1926.
    Affirmed.
    Opinion filed December 28, 1926.
    Adsit, Thompson & Herr, for appellant. P. A. Gibbons and Ray Sesler, for appellee.
   Mr. Presiding Justice Partlow

delivered the opinion of the court.


text:
    Fred E. Cabeen, appellant, v. The Farmers National Bank of Aledo et al., appellees.
    Gen. No. 7,630.
    Bill to subject fund from sale of insolvent’s property to mortgagee’s claims. Decree for defendants including other mortgagees. Appeal from the Circuit Court of Mercer county; the Hon. Charles J. Searle, Judge, presiding. Heard in this court at the April term, 1926.
    Reversed and remanded with directions.
    Opinion filed January 15, 1927.
    Rehearing denied and opinion slightly modified April 6, 1927.
    Watson & Duvall and Marsh, Lewis & Thompson, for appellant. Walter L. Mannon, Friend L. Church and Grier, Safford & Saule, for appellees.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Jennie Margaritie, alias Jennie Fossler, plaintiff in error.
    Gen. No. 7,667.
    Prosecution for selling intoxicants. Conviction and sentence. Error to the County Court of Stephenson county; the Hon. Edward E. Laughlin, Judge, presiding. Heard in this court at the October term, 1926.
    Reversed and remanded.
    Opinion filed January 15, 1927.
    Douglas Pattison, L. F. Reinhold and Ray T. Luney, for plaintiff in error. Lawrence A. Jayne, for defendant in error.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    LaFayette Ashcraft, defendant in error, v. R. B. Kirkpatrick, plaintiff in error.
    Gen. No. 7,677.
    Action for physician’s malpractice. Judgment for plaintiff. Error to the Circuit Court of Peoria county; the Hon. John M. Niehaus, Judge, presiding. Heard in this court at the October term, 1926.
    Reversed and remanded.
    Opinion filed January 15, 1927.
    Weil, Bartley & Weil, for plaintiff in error; Joseph A. Weil, Joseph F. Bartley and Leo F. Cavanaugh, of counsel. Charles C. Diekman, for defendant in error.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    George Vujoich, appellant, v. J. B. Anderson, appellee.
    Gen. No. 7,670.
    Trial of rights of property by chattel mortgagee against judgment creditor. Judgment for defendant. Appeal from the County Court of Lake county; the Hon. Perry L. Persons, Judge, presiding. Heard in this court at the October term, 1926.
    Affirmed.
    Opinion filed February 1, 1927.
    Brown, Brown & Brown, for appellant. Martin C. Decker and Ralph J. Dady, for appellee.
   Mr. Presiding Justice Partlow

delivered the opinion of the court.


author: Mr. Presiding Justice Crow

text:
    Third District.
    The People of the State of Illinois, defendant in error, v. John Walbley, plaintiff in error.
    Gen. No. 7,832.
    Prosecution for possessing intoxicating liquor unlawfully. Judgment of conviction. Error to the Circuit Court of Vermilion county; the Hon. Augustus A. Partlow, Judge, presiding. Heard in this court at the April term, 1926.
    Affirmed.
    Opinion filed November 6, 1926.
    O. M. Burns, for plaintiff in error. Elmer O. Furrow, State’s Attorney, for defendant in error.
   Mr. Presiding Justice Crow

delivered the opinion of the court.


text:
    August Boltz et al., appellants, v. Laura Kush et al., appellees.
    Gen. No. 7,936.
    Bill for accounting and incidental relief. Dismissed for want of equity. Appeal from the Circuit Court of Macon county; the Hon. James S. Baldwin, Judge, presiding. Heard in this court at the April term, 1926.
    Affirmed.
    Opinion filed November 6, 1926.
    Whitley & Fitzgerald and Lee & Lee, for appellants. Carl N. Weilepp, for appellees.
   Mr. Presiding Justice Crow

delivered the opinion of the court.


text:
    Caroline Barton, appellee, v. Herbert J. Olehy, appellant.
    Gen. No. 7,969.
    Action to recover damages for personal injuries from automobile collision. Judgment for plaintiff. Appeal from the Circuit Court of Vermilion county; the Hon. John H. Marshall, Judge, presiding. Heard in this court at the April term, 1926.
    Affirmed.
    Opinion filed November 6, 1926.
    Graham & Dysert, for appellant; Walter V. Dysert, of counsel. Clark & Hutton, for appellee.
   Mr. Presiding Justice Crow

delivered the opinion of the court.


text:
    Walter C. Hoehn, defendant in error, v. Charles Gould, plaintiff in error.
    Gen. No. 7,972.
    Suit to recover damages for assault. Judgment for plaintiff. Error to the City Court of Pana; the Hon. F. B. Dove, Judge, presiding. Heard in this court at the April term, 1926.
    Affirmed.
    Opinion filed November 6, 1926.
    Hogan & Beese and* C. E. Springstun, for plaintiff in error. L. G. Griffith and B. J. Monroe, for defendant in error.
   Mr. Presiding Justice Crow

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Mary Miller, plaintiff in error.
    Gen. No. 7,974.
    Prosecution for unlawful sale of intoxicants. Conviction and sentence. Error to the County Court of Macon county; the Hon. John H. McCoy, Judge, presiding. Heard in this court at the April term, 1926.
    Affirmed.
    Opinion filed November 6, 1926.
    W. J. Carey and Grover C. Hoff, for plaintiff in error. Charles F. Evans, State’s Attorney, and A. R. Ivens, Assistant State’s Attorney, for defendant in error.
   Mr. Presiding Justice Crow

delivered the opinion of the court.


text:
    Charles Moore, defendant in error, v. Leslie Cook, plaintiff in error.
    Gen. No. 7,980.
    Assumpsit for goods furnished. Judgment for plaintiff. Error to the Circuit Court of Sangamon county; the Hon. E. S. Smith, Judge, presiding. Heard in this court at the April term, 1926.
    Affirmed.
    Opinion filed November 6, 1926.
    Ed. D. Henry and Thomas L. Jarrett, for plaintiff in error. Miles Gray, for defendant in error; William L. Patton, of counsel.
   Mr. Presiding Justice Crow

delivered the opinion of the court.


text:
    Harold D. Bever, appellee, v. Commercial Credit Trust Company et al. First Acceptance Corporation, appellant.
    Gen. No. 7,987.
    Replevin. Judgment for plaintiff. Appeal from the Circuit Court of McLean county; the Hon. Edward Barry, Judge, presiding. Heard in this court at the April term, 1926.
    Affirmed.
    Opinion filed November 6, 1926.
    Homer English, for appellant. Chas. M. Peirce, for appellee.
   Mr. Presiding Justice Crow

delivered the opinion of the court.


text:
    J. B. Highmore, appellee, v. Illinois Central Railroad Company, appellant.
    Gen. No. 7,990.
    Action to recover for loss sustained in shipping live stock. Judgment for plaintiff. Appeal from the Circuit Court of Sangamon county; the Hon. E. S. Smith, Judge, presiding. Heard in this court at the April term, 1926.
    Reversed and remanded.
    Opinion filed November 6, 1926.
    Graham & Graham, for appellant. William J. Lawler, for appellee.
   Mr. Presiding Justice Crow

delivered the opinion of the court.


author: Mr. Justice Niehaus

text:
    Johanna Gallivan and Gerald J. Gallivan, executors of the last will and testament of Thomas J. Gallivan, deceased, appellees, v. Chester & O'Byrne Transfer Company, appellant.
    Gen. No. 7,973.
    Action for personal injuries. Judgment for plaintiff. Appeal from the Circuit Court of Champaign county; the Hon. Franklin H. Boggs, Judge, presiding. Heard in this court at the April term, 1926.
    Affirmed.
    Opinion filed November 6, 1926.
    Dobbins & Dobbins, for appellant. F. M. Green, George E. Martin and Oris Barth, for appellees.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    William H. Jones, appellee, v. The County Board of the County of Logan in the State of Illinois, appellant.
    Gen. No. 7,976.
    Petition for mandamus to compel issuance of dance hall license. Writ granted. Appeal from the Circuit Court of Logan county; the Hon. Stevens R. Baker, Judge, presiding. Heard in this court at the April term, 1926.
    Reversed and remanded with directions.
    Opinion filed November 6, 1926.
    Evan Worth, State’s Attorney, and Miller & Miller, for appellant. Peter Murphy and Harold E. Trapp, for appellee.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    Cecil L. Walker, appellant, v. Lorita M. Walker, appellee.
    Gen. No. 7,979.
    Bill for divorce because of adultery and for custody of minor children. Dismissed on account of condonation. Appeal from the Circuit Court of Macon county; the Hon. Franklin H. Boggs, Judge, presiding. Heard in this court at the April term, 1926.
    Affirmed.
    Opinion filed November 6, 1926.
    Vail, Pogue & Allen, for appellant. W. Thos. Coleman, for appellee.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    Joe Hays, appellee, v. The National Life and Accident Insurance Company, appellant.
    Gen. No. 7,993.
    Action to recover accident insurance for personal injuries. Judgment for plaintiff. Appeal from the Circuit Court of Vermilion county; the Hon. Walter J. Brewer, Judge, presiding. Heard in this court at the April term, 1926.
    Reversed and remanded.
    Opinion filed November 6, 1926.
    Clark & Hutton, for appellant. J. D. Allen, for appellee.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    E. A. Richardson, appellant, v. Harry Riley, appellee.
    Gen. No. 7,997.
    Judgment for defendant affirmed on appellant’s abstract failing to comply with rules. Appeal from the Circuit Court of Shelby county; the Hon. William B. Wright, Judge, presiding. Heard in this court at the April term, 1926.
    Affirmed.
    Opinion filed November 6, 1926.
    W. H. Whitaker, for appellant. Ward & Pugh, for appellee.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    Lulu Highmore, appellee, v. J. B. Highmore, appellant.
    Gen. No. 8,001.
    Bill for separate maintenance. Decree for complainant. Appeal from the Circuit Court of Sangamon county; the Hon. E. S. Smith, Judge, presiding. Heard in this court at the April term, 1926.
    Affirmed.
    Opinion filed November 6, 1926.
    William J. Lawler, for appellant. John P. Snigg, for appellee.
   Mr. Justice Niehaus

delivered the opinion of the court.


author: Mr. Justice Shurtleff

text:
    The People of the State of Illinois, defendant in error, v. F. E. Uttinger, plaintiff in error.
    Gen. No. 7,966.
    Prosecution for violations of Prohibition Act. Conviction and sentence. Error to the County Court of Piatt county; the Hon, M, R. Davidson, Judge, presiding. Heard in this court at the April term, 1926.
    Reversed and remanded.
    Opinion filed November 6, 1926.
    James L. Hicks and Thomas J. Kastel, for plaintiff in error. Robert P. Shonkwiler, State’s Attorney, for defendant in error.
   Mr. Justice Shurtleff

delivered the opinion of the court.


author: Per curiam.

text:
    In re estate of John E. This, deceased.
    Gen. No. 7,999.
    Petition for citation against executor of estate. Petition dismissed. Appeal from the Circuit Court of McLean county; the Hon. Edward Barry, Judge, presiding. Heard in this court at the April term, 1926.
    Affirmed.
    Opinion filed November 6, 1926.
    Kennedy & Kennedy, Wallace J. Black, Clyde M. West and Harry E. Riddle, for appellants. H. M. Murray, for appellee.
   Per curiam.


author: Mr, Presiding Justice Crow

text:
    The People of the State of Illinois, defendant in error, v. Bert Bowman, plaintiff in error. The People of the State of Illinois, defendant in error, v. William Coffman, plaintiff in error.
    Gen. No. 8,009. Gen. No. 8,010.
    Prosecution for selling intoxicants. Conviction and sentence. Error to the County Court of Morgan county; the Hon. Paul Samuell, Judge, presiding. Heard in this court at the October term, 1926.
    Affirmed.
    Opinion filed December 29, 1926.
    Rehearing denied February 11, 1927.
    L. E. Stone, for plaintiff in error. Hugh Green, State’s Attorney, for defendant in error.
   Mr, Presiding Justice Crow

delivered the opinion of the court.


author: Mr, Justice Niehaus

text:
    Glenn W. Ward, appellant, v. Oren Easton, administrator of the estate of Lewis Easton, deceased, appellee.
    Gen. No. 7,991.
    Action for death of child by wrongful act of automobile driver. Judgment for plaintiff. Appeal from the Circuit Court of Cumberland county; the Hon. Walter Brewer, Judge, presiding. Heard in this court at the April term, 1926.
    Affirmed.
    Opinion filed December 29, 1926.
    Rehearing denied February 11, 1927.
    Hiram L. Scranton and Raymond G. Real, for appellant. Craig & Craig, for appellee.
   Mr, Justice Niehaus

delivered the opinion of the court.


author: Mr, Justice Shurtleff

text:
    The People of the State of Illinois, defendant in error, v. Shirley Pierson, plaintiff in error.
    Gen. No. 8,011.
    Conviction for illegal sale of intoxicants. Error to the Circuit Court of Pike county; the Hon. Harry Higbee, Judge, presiding. Heard in this court at the October term, 1926.
    Affirmed.
    Opinion filed December 29, 1926.
    Rehearing denied February 11, 1927.
    L. T. Graham, A. M. Fitzgerald and H. C. Moore, for plaintiff in error; A. M. Fitzgerald, of counsel. Edwin Johnston, State’s Attorney, for defendant in error.
   Mr, Justice Shurtleff

delivered the opinion of the court.


author: Mr. Justice Barry

text:
    Fourth District.
    Pleasant Burnett and Margaret Burnett, appellees, v. Wood River Lumber & Supply Company et al. Wood River Lumber & Supply Company, appellant.
    Bill to enjoin enforcement of judgment. Decree for complainants. Appeal from the Circuit Court of Madison county; the Hon. J. F. Gillham, Judge, presiding. Heard in this court at the April term, 1926.
    Reversed and remanded with directions.
    Opinion filed July 9, 1926.
    F. J. Manning and S. A. Bleisch, for appellant; Warnoek, Williamson & Burroughs, of counsel. C. W. Burton, for appellees.
   Mr. Justice Barry

delivered the opinion of the court.


text:
    Emil N. Kiefer, appellee, v. Catherine M. Reis and Michael C. Reis, appellants. State Savings & Loan Association, appellee.
    Bill to foreclose mechanic’s lien. Decree for complainants. Appeal from the Circuit Court of St. Clair county; the Hon. George A. Crow, Judge, presiding. Heard in this court at the March term, 1926.
    Affirmed.
    Opinion filed July 9, 1926.
    Turner, Holder & Bullington, for appellants. C. E. Pope and H. F. Driemeyer, for State Savings & Loan Ass’n, appellee. Maurice V. Joyce and Louis P. Zerweek, for Emil N. ICiefer, appellee.
   Mr. Justice Barry

delivered the opinion of the court.


author: Mr. Presiding Justice Boggs

text:
    Harlan Stockton et al., defendants in error, v. Tamaroa Little Muddy Coal Company and Samuel B. Weinberger, plaintiffs in error.
    Bill to cancel lease and subject lessee’s unpaid corporate stock to lease debts and penalties. Decree for complainants. Error to the Circuit Court of Perry county; the Hon. J. F. Gillham, Judge, presiding. Heard in this court at the March term, 1926.
    Reversed and remanded.
    Opinion filed November 9, 1926.
    Newman, Poppenhusen, Stern & Johnston and L. A. Cranston, for Samuel G. Weinberger, plaintiff in error; Edward R. Johnston and Henry Jackson Darby, of counsel. Noleman, Smith & Dallstream, for defendants in error.
   Mr. Presiding Justice Boggs

delivered the opinion of the court.


author: Mr, Presiding Justice Boggs

text:
    First National Bank of Anna, Illinois, and Mangold-Alden Company, appellants, v. Agnes M. Rooney, administratrix of the estate of John I. Rooney, deceased, appellee.
    Proceedings to sell land to pay debts of decedent. Claim allowed in part. Claimant appeals. Appeal from the Circuit .Court of Union county; the Hon. A. E. Somers, Judge, presiding. Heard in this court at the March term, 1926.
    Affirmed in part, reversed in part and remanded.
    Opinion filed November 9, 1926.
    A. Ney Sessions, for appellants. Charles C. Crawford, for appellee.
   Mr, Presiding Justice Boggs

delivered the opinion of the court,


text:
    Earl D. Roberts, appellee, v. Egyptian Transportation System, appellant.
    Action for personal injuries sustained in automobile collision. Judgment for plaintiff. Appeal from the City Court of East St. Louis; the Hon. William F. Borders, Judge, presiding. Heard in this court at the March term, 1926.
    Affirmed.
    Opinion filed November 9, 1926.
    Geers & Geers and McGlynn & McGlynn, for appellant. John C. Boberts, for appellee.
   Mr. Presiding Justice Boggs

delivered the opinion of the court.


text:
    Albert Kabureck, appellee, v. August Kabureck, appellant.
    Assumpsit for breach of bailment contract. Judgment for plaintiff. Appeal from the Circuit Court of St. Clair county; the Hon. Louis Bernreuter, Judge, presiding. Heard in this court at the March term, 1926.
    Beversed and remanded.
    Opinion filed November 9, 1926.
    Curt C. Lindauer and Louis Klingel, for appellant. Clyde D. Miller and P. K. Johnson, for appellee.
   Mr. Justice Barry

delivered the opinion of the court.


text:
    P. H. Sauter et al., defendants in error, v. Dimitro Kacalieff et al. Dimitro Kacalieff, plaintiff in error.
    Bill to foreclose mortgage. Decree for complainant. Error to the City Court of East St. Louis; the Hon. William F. Borders, Judge, presiding. Hear in this court at the March term, 1926.
    Affirmed.
    Opinion filed November 9, 1926.
    Martin D. Baker and Harold G. Baker, for plaintiff in error. D. E. Keefe, Louis Beasley and Edward C. Zulley, pro se, for defendants in error.
   Mr. Justice Barry

delivered the opinion of the court.


text:
    Ed Cash, Appellee, v. Cleveland, Cincinnati, Chicago & St. Louis Railway Company, Appellant.
    Gen. No. 8,018.
    1. Master and servant — effect of Federal Employers’ Liability Act. The Federal Employers ’ Liability Act supersedes all laws of this State on the liability of railways for injuries to employees engaged in work for them in their interstate commerce.
    2. Master and servant — assumption of rislc under Federal Employers’ Liability Act. Under the Federal Employers’ Liability Act, a railway company is exempted from liability for an injury sustained by its employee while engaged in its interstate commerce if the servant continues in his work after knowledge of obvious danger, thus showing a willingness to assume the risk.
    3. Master and servant — assumption of rislc as affected by promise to furnish proper tools. Under the Federal Employers’ Liability Act, if a railway track repair man, suing for injuries incurred, shows that he relied upon the promise of his foreman that a new track chisel would be supplied, he negatives the inference that he willingly assumed the risk of working with fellow employees with an old and defective chisel.
    4. Master and servant — duty to Iceep tools in repair. Under the Federal Employers’ Liability Act a railway owes to its servant the duty of supplying proper tools and appliances for his work in its interstate commerce and also to keep them in such repair as to make them reasonably safe to use.
    5. Master and servant — when assumed rislc question for jury. Under the Federal Employers’ Liability Act, whether a railway track repair man suing for injuries incurred by continuing his work with one using a defective track chisel, which, upon his objection, his foreman had assured him would be replaced with a new one, assumed a risk so manifest that a person of ordinary prudence would not have done so, and whether such risk was imminent, are questions for the jury.
    6. Harmless and prejudicial -error — remarks not heard by jury harmless. Remarks of the trial judge made in the presence of the jury-are not prejudicial where it does not appear that they were heard.
    7. Harmless and prejudicial error — when remarks of judge harmless. Remarks of trial judge held not prejudicial even if heard by jury.
    Appeal by defendant from the Circuit Court of Montgomery county; the Hon. William B. Wright, Judge, presiding.
    Heard in this court at the October term, 1926.
    Affirmed.
    Opinion filed February 28, 1927.
    Rehearing denied April 12, 1927.
    Geo. B. Gillespie, for appellant; Hill & Bullington, Hugh J. Dobbs and Louis F. Gillespie, of counsel.
    J. E. Major and Joe Major, for appellee.
   Mr. Justice Niehaus

delivered the opinion of the court.

In this case an appeal is prosecuted from a judgment for $4,000, rendered in the circuit court of Montgomery county against the appellant, The Cleveland, Cincinnati, Chicago & St. Louis Railway Company, in favor of the appellee, Ed. Cash, who was injured while in the employ of the appellant, and working under the provisions of the Federal Employers’ Liability Act, Cahill’s St. ch. 114, 321 ¶ et seq. The appellee bases his right to recover damages upon the alleged failure of appellant to furnish proper tools for doing the work in which he was engaged. It is charged in the declaration that the appellant negligently furnished the appellee and those employed with him with chisels, for doing the work, which were old, battered and improper for the work to be done; that the appellee on the day of his injury requested the appellant’s foreman to furnish new and proper chisels for such work; that upon being assured by the foreman that new and proper chisels would be promptly furnished, and relying upon such'promise, the appellee continued in the employment; that while working under the promise aforesaid, and when the chisel was being struck by a maul in the hands of a servant of the appellant, a piece of iron or steel was dislodged from the chisel and struck the appellee in the left eye; and that as a result thereof sight of appellee’s eye was entirely destroyed. In another count of the declaration it is alleged that the other servants of the appellant so negligently and improperly handled the chisel with which they were engaged in cutting a rail, without knowledge on the appellee’s part of the negligent and improper manner in which this work was being done, and while the appellee was assisting in the performance of the work, that a piece of metal flew off as the result of such negligence and struck the appellee in the left eye.

Concerning the character and condition of the chisel in question, the appellee testified that “the head of the chisel was pitted until there was spall hanging from the head of the chisel by being hammered so much with the steel maul. * * * The chisel before used would be about an inch and a quarter across the head, and after it was used and hammered, of course the top of the chisel would spread and widen out.” He also testified that all the chisels which were furnished for the work were in practically the same condition, and that “they were all beaten upon the head and there was spall hanging all over them where they had spread by being beaten by the steel maul. They were, anyhow, two inches across the top. They were all mushroomed around and pitted upon the head, with spalls hanging all over them. By spall, I mean bits of the chisel that had been beaten so long they were ready to fall off.” Appellee also testified that on the morning when he and the other employees were going to work and the tools were loaded on the work car, he called the foreman’s attention to the condition of the tools, by saying “it is an awful bunch of tools to go out to work with.’’ But the foreman said: “Go ahead with them; we are going to get new ones.” The appellee is corroborated by other employees of the appellant concerning the condition of the chisels, and the promise of the foreman to replace them by new ones. One of the employees, Adam Zenich, testified that he was working with the appellee at the time of the injury and heard what the appellee said about the tools not being much good, and that the foreman promised to get some new tools. Ben Latimore, another employee, who was working with Cash at the time of the injury, testified concerning this matter as follows: “There was somebody spoke something about the tools being pretty well worn. Seegar (the foreman)' said-we will have to use them, that is the best we got at present. He said ‘we got new ones ordered.’ ” At the time of the appellee’s injury, appellant’s employees were engaged in the work of cutting a railroad rail somewhere near the center of the rail, with one of the chisels referred to and a maul. The process of cutting the rail was worked by two other employees; and according to the testimony it appears that at the time of the injury Cash had a lining bar across the rail they were cutting so that the workmen could break the rail where they got it marked to cut. A workman by the name of Hart was holding the chisel. Vic, an old gentleman, had hold of the maul. Vic was striking the chisel with the maul and Cash fell over against the other rail. The appellee testified that “the man holding the maul was hammering the chisel. A piece of steel flew from the chisel and hit me in the left eye, at the time the lick was struck.” It is contended by the appellant that, under the facts disclosed by the record, the appellee by continuing in the appellant’s employment after he had knowledge of the defective condition of the tools assumed the risk of the injury which he suffered, and therefore has no right to recover. The general rule on the subject of the knowledge of defects in tools is correctly stated in 39 C. J. p. 759: “Mere knowledge of defects in machinery, tools, appliances, and instrumentalities for work is not sufficient to charge the servant with assumption of risk, but it is further necessary that he should know of and appreciate the dangers incident to the work under the .existing conditions.” However, “by the enactment of the Federal Employers’ Liability act Congress has occupied the field covering the employers’ liability for injuries to employees in interstate transportation by rail and has thereby superseded all law of this State on that subject.” Brundege v. Chicago, B. & Q. R. Co., 324 Ill. 74; Staley v. Ellinois Cent. R. Co., 268 Ill. 356.

The rule, where recovery is sought under the Federal Employers’ Liability Act, and the risk is obvious to the employee, is definitely stated in the. case of Seabord Air Line Ry. v. Horton, 239 U. S. 595: “The master is exempted from liability in the case of obvious risks for the reason that the servant, by continuing in the employment with knowledge of the danger, evinces a willingness to incur the risk, and upon the principle ‘volenti non fit injuria.’ But when the servant shows that he relied upon a promise made to him to remedy the defect, he negatives the inference of willingness to incur the risk.” And in the case of New York, N. H. & H. R. Co. v. Vizvari, 210 Fed. 118, which was a case under the Federal Statute, where an employee received an injury to his eye from a piece of steel which flew from the head of a chisel, as in this case, the court defines the duty of the master in reference to furnishing safe and proper tools to work with as follows: “A master is in default as respects his servant unless the appliances furnished are such as would commend themselves to a reasonably prudent man. His duty is to furnish such instrumentalities as are reasonably safe and suitable. * * * ‘Its duty in that respect to its employes is discharged when, but only when, its agents whose business it is to supply such instrumentalities exercise due care as well in their purchase originally, as in keeping and maintaining them in such condition as to he reasonably and .adequately safe for use by employes.’ ” And concerning the assumption of risk, the court says: “And so in .reference to assumption of risk, where an employe has knowledge of a defect or danger and calls, as in this case, the attention of the employer or his representative to it, * * * the question should go to the jury to say whether the danger was so manifest that a person of ordinary prudence and caution would have incurred it and also whether the risk was imminent.” .To the same effect are Seaboard Air Line R. Co. v. Lorick, 243 U. S. 572; Texas & P. Ry. Co. v. Archibald, 170 U. S. 665; Burke v. Union Coal & Coke Co., 157 Fed. 178; Union Pac. R. Co. v. Marone, 246 Fed. 916; New York Cent. R. Co. v. White, 243 U. S. 188; Lehigh Valley R. Co. v. Skoczyla, 278 Fed. 378; Washington Terminal Co. v. Sampson, 289 Fed. 577.

Error is assigned because it is contended that the court in the presence and hearing of the jury in ruling the appellant’s motion to direct a verdict made the following statement: “The main question for decision is, does the rule of assumed risk apply in this case? I think if the promise was made to furnish a new tool, it takes it out from under the rule of assumed risk; and I think the fact has been established that the promise was made — I should not have said established, I should have said, I think there is some evidence tending to establish that fact — and it is a proper question for the jury.” We deem it sufficient to say with reference to this contention of the appellant that while the record shows that the jury were in the body of the court room, it does not appear that the remarks of the court were within their hearing, but even if the jury heard the statement of the court, it is not apparent that the rights of the appellant were prejudiced thereby. We find no reversible error in the instructions given to the jury for the appellee. They were substantially correct statements of the law as defined in the authorities cited; nor do we find any error in the refusal of the instructions which the appellant requested in addition to those given by the court.

The record does not disclose any reversible error, and judgment is therefore affirmed.

Affirmed.


text:
    John Kajnik, Administrator of the Estate of Zoltan Kajnik, Deceased, Appellant, v. Village of Divernon and The Divernon Telephone Exchange, Appellees.
    Gen. No. 8,054.
    1. Directing verdict — evidence precluding. Upon defendants’ motion to direct a verdict, on the ground that the evidence did not show defendants were guilty of negligence which was the proximate cause of plaintiff’s intestate’s death and that said plaintiff’s intestate was' guilty of contributory negligence as a matter of law, if there was any evidence from which the jury could reasonably find the material allegations of the declaration true, the motion should not be granted.
    2. Electricity — when negligence proximate cause of injury. Upon plaintiff’s evidence that defendant telephone company threw a roll of wire upon a high power electric wire in a tree in the public street of defendant village which had allowed it to so remain for over two years partly hanging near the ground and to so wear into contact that the hanging wire became dangerously charged, it was a question of fact for the jury whether defendants were guilty of such negligence as would be the proximate cause of the death of a boy who grasped the wire while playing about the tree.
    3. Electricity — when contributory negligence question for jury. Whether a boy under 17 years of age who grasped a wire hanging from a tree standing in a public street while playing in the street, and who was killed by an electrical discharge therefrom, was guilty of contributory negligence was a question for the jury.
    Appeal by plaintiff from the Circuit Court of Sangamon county; the Hon. E. S. Smith, Judge, presiding.
    Heard in this court at the October term, 1926.
    Reversed and remanded.
    Opinion filed February 28, 1927.
    Rehearing denied April 12, 1927,

      John G. Friedmeyer, for appellant.
    De Witt S. Crow and Graham & Graham, for appellees.
   Mr. Justice Niehaus

delivered the opinion of the court.

In this case suit was commenced by John Kajnik as administrator of the estate of Zoltán Kajnik, deceased, to recover damages for the benefit of the next of kin of the deceased, from the Village of Divernon, a municipal corporation, and the Divernon Telephone Exchange, charging them with negligence, which it is alleged, caused the death of the deceased. The declaration alleges that the Village of Divernon was then and there a municipal corporation, and the Divernon Telephone Exchange was a corporation organized under the corporation laws of the State, and was engaged in operating a certain telephone system in the Village of Divernon; that it then and there owned certain poles and telephone wires, strung upon said poles, and certain telephone lines throughout the village, and conducted a telephone exchange with other lines of the same character; that the Village of Divernon, as a municipality under the provisions of the statutes and the ordinances of the village, was possessed of a cer-' tain electric light and power plant, fully equipped for the purpose of generating electric power for lighting the village, and for the disposition of electric current for mercantile use, and for furnishing electric current to other institutions and business, and was possessed of certain poles and wires strung thereon, set upon and along certain streets throughout the Village of Divernon, and along certain public highways connected therewith, and connected with the power plant, and with distributors, to distribute electricity by means of wires throughout different parts of the Village of Divernon, and within the corporate limits thereof; was engaged in furnishing electric current and power to the inhabitants and business of the village for lighting and power purposes, and providing electric current for lighting the streets and public places and buildings in the village; that the Village of Divernon by its officers and agents then and there possessed a certain line of poles and electric light wires strung upon the poles upon a certain street in the village known as State Street, for the benefit of the property owners on each side of the street, and at a certain place in said street caused certain lead wires to be attached in the proximity of a certain pole supporting its wires conveying electric current from this place for commercial use, and extending from its power line above and through certain shade trees located in said street, over the sidewalk into certain private property located on the west side thereof, to bring in its electric current to a certain dwelling house located thereon, to provide the owner thereof with electric current for lighting his dwelling house and building, and for such use as he desired to put the same to, which wires were known as feeders, and were loosely strung across said street to a certain tree located in front and near a dwelling house on the west side of the street; that the Village of Divernon used said wires as stated, strung on its poles in said street as high tension wires which were insulated, and conveyed a current of 3000 volts of electricity; that the lead wires or feeders connected with said high tension wires referred to, and loosely strung across the street and through certain trees in front of the property referred to, on the west side of the street, were so attached and used by the defendant to convey an electric current from said high tension wires into a certain dwelling house to be used for commercial lighting and power purposes; that the Divernon Telephone Exchange, before the time in question, had removed certain telephone wires that it possessed over a certain telephone line located on the west side of the same street, and had theretofore rolled up and thrown a large quantity of telephone wires into the shade tree, and across the electric feed wires of the Village of Divernon, and had permitted the same to lie in that position, in connection with said electric light and power wires, which conveyed the heavy current of electricity mentioned, so that the insulation of the feed wire became worn, and the telephone vires mentioned came in contact with the eleótric feed wires which caused the telephone wires to become heavily charged with electricity of about 2000 volts; that the appellees negligently and carelessly permitted the telephone wires to continue over and across the heavily charged feed wires for a long space of time of about one year with loose ends of said wires hanging down through the branches of the trees within about six feet of the ground in close proximity to the sidewalk on the west side of the street mentioned; that the Village of Divernon permitted these telephone wires to so remain lying upon and crossing over its feed wires, and thereby negligently and carelessly permitting the same to become charged with electricity, and negligently failed to remove these wires to prevent any persons accidently coming in contact therewith from being injured thereby; that the appellees then and there had notice of the dangerous condition mentioned at the place referred to in the street of the village, or by the exercise of reasonable diligence could have known that the telephone wires in the immediate proximity in connection with the light wires would endanger the life of any person coming in contact therewith, if charged with the electric light current referred to, and negligently failed to remove the same, but allowed the telephone wires to lie over its electric feed wires in full contact therewith, and that they became charged with electricity; and that Zoltán Kajnik, the deceased, a minor under the age of 17 years, who did not know that the telephone wires hanging down through the branches of the shade tree referred to upon the street in question near the sidewalk were charged with the electric current mentioned; and that while he was engaged in play with other boys, and under this shade tree, came in contact with one of these telephone wires, and the electric current thereby conveyed by this means passed through his body, in consequence of which he was instantly killed.

On a trial of the case, and at the close of the plaintiff’s evidence, the court on motion of the appellees directed the jury to find the appellees not guilty, and thereupon entered a judgment in bar of the suit. This appeal is prosecuted from the judgment.

It is insisted by the appellees that it is proper to direct the verdict because the negligence charged against the appellees was not the proximate cause of the death of Zoltán Kajnik, and because the evidence shows that he had been guilty of contributory negligence as a matter of law, and the question presented for our consideration on this appeal is whether there is any evidence tending to prove that the appellees were guilty of negligence as charged in the declaration which was the proximate cause of the death of the deceased, and whether it appears from the evidence that the deceased was guilty of contributory negligence so conclusively as to become a matter of law. In Kelly v. Chicago City R. Co., 283 Ill. 640, the court considered the questions here involved. It is there said: “As a general proposition, the question of contributory negligence is one of fact for the jury under all the facts and circumstances shown by the evidence, (Bale v. Chicago Junction Railway Co., 259 Ill. 476,) but cases occasionally arise in which a person is so careless or his conduct so violative of all rational standards of conduct applicable to persons in a like situation that the court can say, as a matter of law, that no rational person would have acted as he did and render judgment for the defendant.” And it is said in Devine v. Delano, 272 Ill. 166, “One of the principal questions argued by counsel is whether plaintiffs in error’s negligence was the proximate cause of the deceased’s injury and death. This was a question of fact to be submitted to the jury, and the rule applicable when considering a motion to direct a verdict has been frequently stated by this court. In McGregor v. Reid, Murdoch & Co., 178 Ill. 464, it is said (p. 471): ‘All that the evidence tends to prove and all just inferences to be drawn from it in appellant’s favor must be conceded to him. * * * Under the rule the evidence most favorable to appellant must be taken as true. * * * The credibility of the witnesses, the weight of the testimony, the drawing of the inferences of fact from facts proved, were all questions of fact for the jury to pass upon and not for the court to decide. ’ * * * If there is in the record any evidence from which, if it stood alone, the jury could, without acting unreasonably in the eye of the law, find that all the material averments of the declaration have been proven, a verdict should not be directed. (Libby, McNeill & Libby v. Cook, 222 Ill. 206, and cited cases.) ”

On the trial to sustain the right of recovery as set forth in the declaration, the appellant called Joe Barn-well as a witness. He testified, after stating that he had lived in Divernon 18 years, and that that was his age, as follows: “I knew Zoltán Kajnik in his lifetime, and was acquainted with the premises near Tokosh’s house where the electric light wires were, and had been there frequently before January 16th, 1925, the day Zoltán was killed. I saw some old telephone wires in connection with a certain tree under which he was killed. Saw them about 2 or 3 months before that. They were laying right on top of the electric wires when I saw them, just rolled up in a big ball or ring, and just laid on top, and there was one came down and went back up again. The wire "had grown to the tree and the bark went around one part, it was the string the bark grew around. That bundle of wire was laying on top of the electric wire; it come down and went back up, and then had grown into the tree. There was a loose strand hanging down towards the ground that I saw before the boy was killed. It was about 4% feet from the ground, and about a foot and a half to the body of the tree, and was rusty. I never had anything to do with that wire before. I was there getting a shock myself from the tree. I saw the string of wire hanging down towards the ground the same day the boy was killed, and saw it before that time a good while. I don’t know how close to the electric'light wire it was. It was against the bunch of wire and the strings I have described. I had been there about 15 minutes before this boy got killed.” Another witness who testified, concerning the matters in controversy, was Algert Jutelis. He stated that he was 14 years old and lived in Divernon at the northeast corner of the block where the tree is where Zoltán was killed, and testified: “I lived there about 8 years, and during that time have played around in the locality, and noticed some old telephone wires lying in the trees under which Zoltán was killed. I noticed them there about 3 years before he was killed. The wire wasn’t used so long, — it was against the limb and stayed there so long that it grew in. It was all bunched up and over the electric wire and then a piece came down and then went back up into the bunch of wires. The bunch layed on top of the electric wires. This strand that went down and then went up again was about 3% feet from the electric wires, and came about 4% or 5 feet from the ground. It was a loop coming down and then going up. It was about 2 or 3 feet away from the tree and it was very rusty. It was something like steel wire, it would be shiny inside of it. I had seen it hanging there before it was taken off, it was in the summer time when we was playing ball on the road, I think that wire was still bunched up there, but it wasn’t quite so low. The boys didn’t play so much around the trees, just used them for bases when they played ball. * * * You couldn’t help but see the wire if you walked past. I was there the day Zoltán was killed. My mother sent me up town to get some stuff for her, and I came up that way taking it to her and some kids were playing, and they said Come here, Algert, we will get a shock,’ and we went by the post and getting shocks, then there were some bigger kids over by the tree, and then I went over there and played with them. One boy would put his foot on the tree and get hold of my hand and I would get hold of some other boy’s hand, and we would get a shock that-way. They put their foot on the body of the tree. After the other boys left, Zoltán would put his foot on the tree, he would get hold of my hand and I would get hold of Paul’s and the other boys’ hands, and we would all get shocked that way. I didn’t think the string of wire hanging down from the tree was charged, but I could see some of the telephone wire on the tree that was smoking. I didn’t know it was charged. I saw Zoltán get the shock that killed him. He got hold of the wire coming down and going back up to the bunch of wires, the wires didn’t look like they were charged. He got hold with his right hand; he had a glove on; as soon as he grabbed hold of it he fell against the tree, then all of us scattered.” The record contains testimony of other witnesses for the appellant which tends to corroborate the evidence set forth, and concerning the fact that the wires in the tree which was standing in one of the streets of the village were telephone wires that were no longer used by the telephone company, but had been discarded and allowed to remain in the tree referred to, and in close proximity to the high tension light and power wires owned and used by the Village of Divernon, and that the wires had been in the tree and in that situation mentioned probably two or three years, a sufficient length of time that the village would legally be charged with notice of fact that the wires were there. Under these circumstances and in this state of the record, we are of opinion that it was a question of fact for the jury to pass upon, whether or not it was negligence on the part of the telephone company, as well as on the part of the village, to allow these wires to be placed in the tree and to remain there indefinitely, in a situation where by the effect of elements, and the winds, and the storms which are likely to occur might cause the discarded telephone wires to come into contact with the high tension light and power wires of the Village of Divernon, and thereby become dangerous to life by becoming charged with a death-dealing current. It was a question of fact for the jury, whether or not the deceased was guilty of contributory negligence in taking hold of the wire in question to get an electric “shock,” because it involves a determination of whether or not the deceased knew, or had good reason to believe or know, that the shock which he would receive would be from an electric current that might cause an injury. In Commonwealth Electric Co. v. Melville, 210 Ill. 70, it was held that a company operating wires carrying a dangerous current of electricity owes a duty to exercise reasonable care to prevent injury to others, wherever they have a right to go. The duty extends to every place where persons have a right to be, whether for business, convenience or pleasure. And in Rowe v. Taylorville Electric Co., 213 Ill. 318, the court pointed out: ‘ ‘ The streets of the city were hot the private premises of defendant. The streets belong to the public, and the public, generally, have a right to use them. As a matter of fact, the defendant must be held to have anticipated that the public would use the streets as they had a right to do. * * * The defendant was not an insurer of the safety of the public, but it was bound to know the dangers incident to the use of the streets-by it and to guard against such dangers by the exercise of care commensurate with them.”

For the reasons stated, we are of opinion that the court was in error in directing a verdict; and the judgment is therefore reversed and the cause remanded.

Reversed and remanded.