Smyth v. Fargo

This court granted the prayer of the petition for certiorari of plaintiffs in error to bring up for review a judgment of the Appellate Court affirming a judgment and order of the superior court vacating and setting aside a judgment dismissing the case for want of prosecution.

Hugh P. Smyth, administrator of the estate of Francis McNerney, deceased, brought suit against Charles F. Fargo and Louise B. Fargo to recover damages for the death of McNerney, alleged to have been caused by the negligent operation of an automobile by defendants. Defendants filed pleas to the declaration. The case was…