Morgan v. Leuck

Given, Judge:

This action of trespass on the case commenced in the Circuit Court of Wetzel County, by L. E. Morgan, Admin*547istrator, c. t. a., of the estate of Algie M. Simons, against Gerald J. Leuck, to recover . damages for causing the death of Algie M. Simons by his allegedly wrongful act. The decedent’s death occurred on February 25, 1950, as a result of an accident which occurred while decedent was riding in an automobile owned and then being driven by the defendant.

Defendant filed a plea in abatement which sets up as a defense to the action that Miriam Leuck, the wife of the defendant,…