Rockhill, Administrator v. Tomasic

The opinion of the court was delivered by

Fatzer, J.:

This action was commenced by the plaintiff as administrator of the estate of Albert W. C. Timm, deceased, against Nick J. Tomasic for damages to an automobile, loss of wages, and personal injuries to the decedent, accruing from October 7, 1957, the date of the accident, to November 27, 1957, the date of death. A motion to strike an affirmative defense pleaded in the amended answer was sustained on August 31, 1959, without leave to amend. Hence, this appeal.

General reference is made to the pleadings of the parties and only those pertinent to…