Musso v. Miller

The defendant appeals from two orders of the Albany Special Term. One permitted the substitution of Victor E. Musso as administrator of the goods, chattels and credits of Salvatore Musso, deceased, as plaintiff in place of the intestate, the other denied the motion of the defendant to dismiss the action upon the ground that it had abated because of the death of the original plaintiff.

The action was brought for personal injury, and upon the trial the jury returned a verdict of no cause. The original plaintiff appealed from the judgment entered thereon which dismissed the complaint. The…