McCurry v. Bailey

Duckworth, Chief Justice.

While the application for certiorari presses the contention that the Court of Appeals erred in deciding the case because of the death of the defendant, yet we believe no good purpose would be served by ruling on that question since we are reversing the judgment of that court which reversed the trial court’s denial of a summary judgment.

The heart of the case is the ruling by the Court of Appeals that the trial court erred in refusing to enter a summary judgment. We hold that the evidence showed the nature of the collision, and the position of the body of the defendant…