J. Wooley Coal Co. v. Tevault
Indiana Supreme Court
From Spencer Circuit Court; Ralph E. Roberts, Judge. Action by Fannie T. Yoakum, as administratrix of the estate of Fred Yoakum, against the J. Wooley Coal Company. From a judgment for the plaintiff, the defendant appeals. On the death of the plaintiff administratrix during the pendency of the appeal, Leander C. Tevault was substituted as administrator de bonis non. (Transferred from the Appellate Court under §1405 Burns 1914, Acts 1901 p. 590.)
1Opinion of the CourtSpencer, C. J.
— This action was instituted by Fannie T. Yoakum, as administratrix of the estate of Fred Yoakum, her deceased husband, to recover damages for his death through alleged negligence on the part of appellant. During the pendency of this appeal from a judgment for plaintiff, Mrs. Yoakum has died and, on proper motion, Leander C. Tevault, administrator de bonis non, has been substituted as party appellee.
It appears from the record that, at the time he received the injuries which caused his death, Yoakum was in the employ of appellant as a helper to Keith Hayne, the operator of a machine used in…
2Cases cited29 opinions
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