Wedig v. Kroger Grocery & Baking Co.

Pee curiam.

John H. Wedig instituted this suit against the appellant, hereinafter referred to as the defendant, to recover damages for injuries he sustained when his automobile collided with defendant’s truck and trailer. Wedig recovered a judgment and pending appellant’s appeal to this court, he died. Representatives of his estate petitioned to be substituted as plaintiff-appellee and appellant filed a plea alleging that by reason of the death of Wedig the suit abated. We sustained appellee’s motion to strike the plea. 278 Ill. App. 378. For convenience, we will refer to appellee as plaintiff.