Lair v. Johnson

CAMMACK, Judge.

In August 1955, the appellant, J. Floyd Lair, ancillary administrator of the estate of George Seymour, deceased, instituted this action in Powell County against the appellee, Tom Johnson, doing business as Hazard Express Company, to recover damages for the alleged wrongful death of George Seymour in May 1954. The appel-lee, pleading limitation, moved for a summary judgment. The judgment from which this appeal is taken sustained the appellee’s motion and dismissed the complaint.

The appellant contends that, since this action was instituted within three months after the dismissal…