Kubala v. Dudlow

JUDGE ROETH

delivered the opinion of the court.

This action was brought by the plaintiff as administrator against defendants Marshall Dudlow, Lena L. Dudlow, hereinafter called appellees, and Dale Morris for the death of plaintiff’s decedent on November 20, 1955. The complaint was dismissed by the lower court as against Marshall and Lena Dudlow and plaintiff elected to stand on the complaint and judgment was subsequently entered. Prom the lower court’s ruling-plaintiff appeals.

The complaint contains one count and alleges in substance that plaintiff’s decedent met his death while a passenger in…