Eaton v. Swinford

CHARLES M. ALLEN, Special Commissioner.

This appeal arises from the action of the trial court dismissing the complaint filed by the appellant following a pre-trial conference and stipulation. The action itself was for damages sustained by the estate of the decedent, Eaton, by reason of his death while riding as a passenger in an automobile which it is alleged was negligently operated by the decedent, Swinford, on or about the 11th day of October, 1963.

At the pre-trial conference the stipulation entered into between the parties recites that the automobile owned by appellee’s decedent and…