Fabiano v. Carey

Wiest, J-.

In an automobile collision at the intersection of highways in the country, the afternoon of an October day, James Fabiano, who was riding in one of the cars, an Auburn eight, received injuries causing his death a few hours later. This suit was brought under the survival act (3 Comp. Laws 1929, § 14040) by the administrator of his estate to recover damages against defendant Pauline Carey, who was driving the other car, a Ford, and was joint owner thereof with Arthur Carey, her son.

The driver of the car in which plaintiff’s decedent was riding was traveling west on a gravel highway,…