De La Torre v. Johnson

The question presented by this mo-

tion to substitute in the place of defendant Johnson the executor of his estate and to continue the action against said executor as a defendant and the counter-motion to dismiss the appeal herein, is whether or not a person who suffers a personal injury in the course of his employment at the hands of a tort-feasor who is not his employer may, after a judgment rendered against him in the court below, continue to prosecute an appeal pending in this court after the death of said tort-feasor in the absence of express statutory provisions authorizing the…