Barry v. Tyler

Charles E. Tyler, administrator of the estate of Marian Simms, deceased, instituted this action against Julius G. Barry, to recover damages for the death of Marian Simms, caused by a collision of an automobile in which she was a passenger with an automobile truck owned by Julius G. Barry. Barry having died during the pendency of these proceedings, the action was revived in the name of his administrator.

The parties will be hereinafter referred to in the respective positions they occupied in the trial court.

There were two trials of this case in the lower court. In neither trial did the…