Prowant, Administratrix v. KINGS-X

The opinion of the court was delivered by

Jackson, J.:

In June, 1955, R. J. Prowant, the appellant’s intestate, filed an action for personal injuries alleged to have been suffered when a counter stool in appellee’s cafe gave way causing him to fall to the floor. Before the action was ready for trial, Prowant died on December 27, 1956. In due course the pending action was revived by the appellant as administratrix (see G. S. 1949, 60-3201). Thereafter, appellant as plaintiff filed her amended petition containing two causes of action. The first cause was based upon the *414injuries suffered by Mr.…