Mesar v. Southern Surety Co.

Steve Brem, the driver of the automobile, died before this action was instituted, and it was commenced against the administrator of his estate. The appellants contend that the cause of action did not survive the death of Brem. Sec. 331.01 of the Statutes provides:

“In addition to the actions which survive at common law the following shall also survive: Actions for the recovery of personal property or the unlawful withholding or conversion thereof, for the recovery of the possession of real estate and for the unlawful withholding of the possession thereof, for assault and battery, false…