
    Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company v. Peck.
    [No. 6,331.
    Filed January 7, 1910.]
    From Oass Circuit Court; Joseph M. Rahh, Special Judge.
    Action by Charles "M. Peek against the Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company. From a judgment on a verdict for $4,000. defendant appeals. (Transferred from Appellate Court, 43 Ind. App. 316. Transferred back to the Appellate Court, 172 Ind. 19. Retransferred to the Supreme Court, 44 Ind. App. 02. Retransferred to the Appellate Court, 172 Ind. 502.)
    
      Re-transferred to the Supreme Court.
    
    (The appellee having died, his administrator and the appellant, compromised the case; and the judgment was reversed by the Supreme Court on a confession of error in accordance with such agreement. — Reporter.)
    G. E. Ross, for appellant.
    
      Kistler & Kistler, for appellee.
   Per Curiam.

This cause being submitted to the entire court and four judges not concurring in the result, the ease is hereby transferred to the Supreme Court under section fifteen of the act approved March 12, 1901 (Acts 1901, p. 565, §1399 Burns 1908).  